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HomeMy Public PortalAboutEthics Comm Complaint folder01 Filing # 26894183 E -Filed 05/05/2015 12:00:14 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA. CASE NO. 2011CA017953XXXXIvIB TOWN OF GULF STREAM, VILLAGE OF TEQUESTA, CITY OF RIVIERA BEACH, TOWN OF JUPITER, TOWN OF PALM BEACH SHORES, TOWN OF MANALAPAN, TOWN OF MANGONIA PARK, CITY OF PALM BEACH GARDENS, TOWN OF HIGHLAND BEACH, TOWN OF LAKE PARK, CITY OF WEST PALM BEACH, TOWN OF OCEAN RIDGE, and CITY OF BOCA RATON, municipal corporations of the State of Florida, Plaintiffs/Appellants, V. PALM BEACH COUNTY, a political subdivision, Defendant/Appellee, .,4 SHARON R. BOCK, in her Official Capacity as the Clerk and Comptroller of Palm Beach County, Florida, Intervenor/Appellee. NOTICE OF APPEARANCE The clerk will please enter the appearance of the undersigned law firm as I additional counsel for Plaintiff/Appellant, City of West Palm Beach, for appellate purposes only. Copies of documents and pleadings should be sent to the undersigned at the address below. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been e-mailed this 5th day of May, 2015, to: PHILIP MUGAVERO HELENE C. HVIZD PALM BEACH COUNTY ATTORNEY'S OFFICE 300 N. Dixie Highway, Suite 359 West Palm Beach, FL 33401 pmugaverApbcgov.org hhvizdO,pbcgov.org Counsel for Defendant/Appellee, Palm Beach County JOHN C. RANDOLPH JONES, FOSTER, JOHNSON & STUBBS, P.A. 505 S. Flagler Drive, Suite 1100 West Palm Beach, FL 33401 jrandolph(i�ionesfoster.corn Counsel for Plaintiff/Appellant, Town of Gulf Stream 01 HAMPTON C. PETERSON PALM BEACH COUNTY CLERK & COMPTROLLER SHARON R. BOCK 301 N. Olive Ave., 9`h Floor West Palm Beach, FL 33401 hpeterson(a-)mypalmbeachclerk.com Counsel for Intervenor/Appellee, Palm Beach County Clerk & Comptroller Sharon R. Bock PAMALA HANNA RYAN, CITY OF RIVIERA BEACH ATTORNEY'S OFFICE 600 W. Blue Heron Blvd. Riviera Beach, FL 33404-4311 pryan(a-)rivierabch.com Counsel for Plaintiff/Appellant, City of Riviera Beach Im"MR15V mm LOHMAN LAW GROUP, P.A. 601 Heritage Drive, Suite 232 Jupiter, FL 33458-2777 max(i4lohmanlawaroun.com Counsel for Plaintiff/Appellant, City of Palm Beach Gardens KENNETH G. SPILLIAS KENNETH G. SPILLIAS, P.A. 147 Gregory Road West Palm Beach, FL 33405 kspilliasAoceanrideeflorida.com Counsel for Plaintiff/Appellant, Town of Ocean Ridge GLEN J. TORCIVIA TORCIVIA, DONLON, GODDEAU & ANSAY, P.A. 701 Northpoint Pkwy., Suite 209 West Palm Beach, FL 33407 lg enAtorcivialaw.com Counsel for Plaintiff/Appellant, Town of Highland Beach DOUGLAS N. YEARGIN CITY OF WEST PALM BEACH 401 Clematis Street, 5th Floor West Pahn Beach, FL 33401 dyear¢inna,wyb.org Counsel for Plaintiff/Appellant, City of West Pahn Beach 3 KEITH W. DAVIS CORBETT, WHITE, DAVIS and ASHTON, P.A. 1111 Hypoluxo Road, Suite 207 Lantana, FL 33462-4271 keithna,cwda-le al.com Counsel for Plaintiffs/Appellants, Village of Tequesta, Town of Palm Beach Shores, Town of Manalapan and Town of Mangonia Park THOMAS JAY BAIRD JONES, FOSTER, JOHNSON & STUBBS, P.A. 4741 Military Trail, Suite 200 Jupiter, FL 33458-4842 tbairdna jonesfoster.com Counsel for Plaintiffs/Appellants, Town of Jupiter and Town of Lake Park DIANA GRUB FRIESER, CITY OF BOCA RATON 201 W. Pahnetto Park Road Boca Raton, FL 33432-3730 dgfreisea,inyboca.us Counsel for Plaintiff/Appellant, City of Boca Raton JANE KREUSLER-WALSH, REBECCA MERCIER VARGAS and STEPHANIE L. SERAFIN of KREUSLER-WALSH, COMPIANI & VARGAS, P.A. 501 South Flagler Drive, Suite 503 West Palm Beach, FL 33401-5913 (561)659-5455 Primary: ianewalshAkwcvna.com rvargasAkwcvna.com sserafmAAkwcvna.com Secondary: eservice(iWwcvna.com Counsel for Plaintiff/Appellant, City of West Pahn Beach By: /s/ Jane Kreusler-Walsh JANE KREUSLER-WALSH Florida Bar No. 272371 REBECCA MERCIER VARGAS Florida Bar No. 0150037 STEPHANIE L. SERAFIN Florida Bar No. 58390 C! IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION CASE NO.: 2011 CA 17953 AO TOWN OF GULF STREAM, et al., Plaintiffs, VS. PALM BEACH COUNTY, a political subdivision of the State of Florida, Defendant. SHARON R. BOCK, in her Official Capacity as the Clerk and Comptroller of Palm Beach County, Florida, Intervenor. FINAL JUDGMENT 07_� Gr__ rGktC_4 1 J �CC {cu �' G J�Alc COLPrA`r H —3S Jt�a��, f o,fL d J) 131aF1C .Scti�cf �ICIC }lvl THIS CAUSE was before the Court for non jury trial on the Plaintiffs' ("the Municipalities") Amended Complaint for Declaratory Relief ("Amended Complaint") filed on July 30, 2013 against the Defendant, Palm Beach County ("the County"). The County filed its Answer and Affirmative Defenses on August 28, 2013. Sharon Bock, Clerk and Comptroller of Palm Beach County ("the Intervenor") filed a Motion to Intervene which was granted on November 11, 2012. The Intervenor filed an Amended Complaint in Intervention, Cross -Claim and Counter -Claim for Declaratory and other Relief on December 15, 2011. Having reviewed the pleadings, exhibits presented at trial, heard testimony, reviewed applicable law, heard arguments of counsel, and being otherwise duly advised the Court makes the following findings and conclusions: FINDINGS OF FACT 1. Pursuant to Palm Beach County's home rule charter, municipal ordinances prevail over county ordinances when there is a conflict, except when both unincorporated county residents and municipal residents vote in a referendum to amend the Charter to create a Countywide program. Once a referendum is approved by the voters, the countywide program is created and applies to Palm Beach County and the respective municipalities. The Board of County Commissioners (the "BCC") then adopts an ordinance to implement the referendum. 2. In 2009, the State Attorney for Palm Beach County convened a Grand Jury to investigate county governance and public corruption in the county. The Grand Jury recommended that the BCC create an Office of Inspector General ("the OIG") with investigatory powers to address the findings in the report. 3. Thereafter, the BCC adopted an ordinance establishing an OIG with powers applicable only to county governmental operations. 4. The Grand Jury's Final Presentment in 2010 recommended that the initial OIG ordinance be submitted as a charter amendment for adoption by the voters in each municipality to have the ethics ordinance, including the OIG, extended countywide. The November 2, 2010 referendum was approved by a majority of the voters in each municipality. The referendum approved by the voters specifically included a provision that required each municipality to contribute to funding for the OIG. 5. On May 17, 2011, the BCC adopted Ordinance No. 2011-009 which implemented the OIG and included a funding mechanism that required the municipalities to pay a portion of the OIG costs. The ordinance authorized quarterly billings to be submitted by the Clerk and Comptroller to the municipalities. 6. The OIG is required to submit a budget request each year to the Palm Beach County League of Cities, Inc. ("the League"). The OIG must then be available to discuss the budget request with the members of the League. Thereafter, the BCC must meet with a delegation of the League regarding the budget. However, the BCC has final approval of said budget. The initial invoices to the Municipalities were forwarded on October 11, 2011, 7. On November 14, 2011, the municipalities filed the instant four count complaint seeking a declaration in Count I that the charges and collection of said charges for the OIG are barred by sovereign immunity; in County II that the charges for the OIG constitute an unlawful tax; in Count III that the funding mechanism in the OIG ordinance requires citizens of the municipalities to pay twice for one service; and in Count IV that the funding mechanism in the ordinance conflicts with general law as it infringes on the budgeting power of the municipalities. 8. On December 28, 2013, the County filed an Amended Answer and Affirmative Defenses asserting that (1) the municipalities do not have sovereign immunity to avoid the county ordinance; (2) to the extent sovereign immunity applies such sovereign immunity was waived by the vote approving the ballot referendums; (3) the ordinance is not inconsistent with general law as the fees are either regulating fees or user fees; (4) municipal residents are not being taxed as the fees may be passed on; (5) the fees are not an illegal double tax; (6) the ballot informed the voters that the OIG would be funded in part by each municipality; and (7) speculative increases in fees was not ripe for review. CONCLUSIONS OF LAW The charges to the municipalities for support of the OIG are not barred by the doctrine of Sovereign Immunitv. I 9. In Count I of the Amended Complaint the municipalities contend that sovereign immunity bars this suit by the County to collect the charges in the invoices. The County disputes that contention and asserts that sovereign immunity either does not apply or does not prevent the County's efforts to enforce the provisions in the referendum. 10. In fact, the County directs this Court to Article VI, Section 6.3 of the Palm Beach County Charter which specifically provides: "Approved charter amendments that transfer or limit a service, function, power or authority of a municipality shall be effective in a municipality only if the amendment is also approved by a majority of voters in that municipality voting in the referendum." (Ordinance No. 2009-17). The County asserts that the provision before this Court was placed on the ballot and would have exempted any municipality from the provisions of the Inspector General and Ethics Charter amendment if a majority of the voters in the municipality had voted against it. Instead, an overwhelming majority of the voters approved the establishment of the OIG and its funding obligation. 11. The doctrine of sovereign immunity provides that a sovereign cannot be sued without its own permission. American Home Assurance Company. v. National Railroad Passenger Corporation, 908 So.2d 459, 471 (Fla. 2005). Sovereign (or governmental) immunity derives entirely from the constitutional doctrine of separation of powers. Kaisner v. Kolb. 543 So.2d 732, 737 (Fla. 1989). See also Article II, §3, Florida Constitution. 12. The Court could not find and the parties did not cite to any authority that applies directly to the issue at hand, specifically the authority of a county to sue a municipality for charges authorized by popular vote in a a validly held referendum pursuant to a county Home Rule Charter Amendment. The municipalities rely on Article II, Section 3 of the Florida Constitution, which provides: "[t]he powers of the state government shall be divided into legislative, executive and judicial branches. No person belonging to one branch shall exercise any powers appertaining to either of the branches unless expressly provided herein". 13. Pursuant to the Constitution and case law, the judicial branch must not interfere with the discretionary functions of the legislative or executive branches of government absent a violation of constitutional or statutory rights. Trianon Park Condominium Association Inc. v. City of Hialeah, 468 So.2d 912,918 (Fla. 1985). The municipalities thus contend that they cannot face liability or suit for making budgetary decisions or for deciding what programs to fund because these types of decisions are inherently governmental, legislative or discretionary. 14. However, the municipalities over state the extent of their discretion with respect to establishing a budget as it relates to this issue. By approving the charter amendment, the voters in the respective municipalities approved the funding for the OIG. This eliminated any discretion by the municipalities to avoid funding the program. Thus, the cases cited by the municipalities merely support the conclusion that a citizen may not sue a municipality to quibble with its budgetary decisions. See, Crowe v City of Jacksonville Beach, 167 So.2d 753, 755 (Fla. I DCA 1964)(action to enjoin city from expending funds from sale of revenue bonds and purchasing land and constructing public buildings; "[w]hile the issues raised by the complaint may fort the basis for opposition to the council members' bid for re-election to office, they deal with acts lying within the discretion of the council with which courts are reluctant to interfere". 15. Further, the municipalities rely on section 166.241, Florida Statutes, to support their contention that they have exclusive discretion to make a budget. However, this statute merely provides that each municipality must make a balanced budget each fiscal year. §166.241, Florida Statutes (2011). This section does not vest the municipalities with unfettered discretion with respect to appropriations: The Attorney General recognized this in an Opinion concerning whether a city could amend its charter pursuant to a petition initiative to require voter approval for any capital improvement project exceeding $500,000.00 without conflicting with the city's constitutional home rule power. See Attorney General Opinion 2009-12. The Attorney General concluded that, in the absence of a conflicting general law, a city could so amend its charter. Additionally, Attorney General Opinion 90-38 concluded that a city's charter could be amended to require referendum approval for the issuance of all municipal bonds. However, in Attorney General Opinion 86-89, it was concluded that a municipality may not amend its charter to provide that no ad valorem tax on real and personal property may be levied without referendum approval. Such a charter amendment would have limited the authority of the municipality's governing body to levy ad valorem taxes in direct contravention of section 195.207, Florida Statutes, prohibiting a municipal charter from limiting the governing body's authority to levy ad valorem taxes. 16. Attorney General Opinion 2009-12 further concluded that the statutes governing the adoption of a budget for a municipality are not as extensive as those provided in Chapter 129, Florida Statutes. Section 166.241, Florida Statutes merely provides that the governing body of each municipality shall adopt a budget each fiscal year. The opinion acknowledged that there are no general prohibitions against a charter requiring citizens' initiatives for municipal salaries. However, it was noted that the propriety of referendum approval for capital projects may depend upon the particular project in question and the existence of any general law providing for such projects. 17. Thus, each municipality's power to make a budget is not a purely discretionary function as its discretion may be modified or restricted by the electorate through its referendum powers. In this case, the approval by the voters of the referendum authorized the governing bodies to establish a line item in the budget to contribute to funding of the OIG. This eliminated any discretion that the municipalities may have had as to the funding. 18. "Judgmental or discretionary functions are immune from legal action, whereas operational acts are not protected by sovereign immunity". Willingham v. City of Orlando, 929 So.2d 43, 50 (Fla. 5 DCA 2006); see also City of Freeport v. Beach Community Bank, 108 So. 3d 684, 687 (Fla. 1 DCA 2013) ("[W]here governmental actions are deemed discretionary, as opposed to operational, the government has absolute immunity from suit"). When the Courts describe a "discretionary" function for which a municipality enjoys sovereign immunity, they mean that the governmental act in question involved an exercise of executive or legislative power such that, for the Court to intervene ..., it inappropriately would entangle itself in fundamental questions of policy and planning". Kaiser, 543 So.2d at 737. An `operational" function, meanwhile, "is one not necessary to or inherent in policy or planning that merely reflects a secondary decision as to how those policies or plans will be implemented". Id. Thus, "[s]overeign immunity prohibits the judiciary from second guess[ing] the political and police 4 power decisions of coordinate branches of government about a violation of constitutional or statutory rights". City of Freeport, 108 So. 3d at 687 (quoting Trianon Park Condominium Association, 468 So.2d at 918). 19. In this case, sovereign immunity would bar an action against the municipalities by the county if the resultant litigation would require the Court to become inappropriately entangled in the discretionary budgeting decisions of the municipalities. The issue in this case does not involve a discretionary decision. This Court concludes that there is a legal obligation pursuant to the implementing ordinance requiring the municipalities to pay the charge. This suit does not require any judicial "second guessing" or weighing of policy matters. The County's Charges to the Municipalities for the OIG Do Not Unlawfully Interfere with the Municipalities' Home Rule Power to Decide Their Own Budgets. 20. The Implementing Ordinance does not infringe upon the authority of the municipalities to budget and appropriate funds. Although it requires the municipalities to contribute to the funding of the OIG, it only references the budgeting process because expenditures may only be made pursuant to a municipality's annual budget. The language in the Implementing Ordinance acknowledges that each municipality will have to include in its budget a line item for the OIG. It does (1) not require the municipalities to fund the program out of their general fund, (2) not indicate how the municipalities should obtain the money for contribution, or (3) indicate how the municipalities should budget to pay the fees. Hence, the doctrine of sovereign immunity does not prevent the county from enforcing the Implementing Ordinance. The Municipalities Cannot Invoke the Doctrine of Sovereign Immunitv Against Themselves. 21. The Municipalities assert that sovereign immunity bars collection of the charges imposed by the Implementing Ordinance. They further assert that the County has no authority to dictate what programs are funded by the municipalities. In this instance, the citizens of the municipalities approved the extension of the OIG to their respective municipalities and the requirement to contribute funding to support the OIG. 22. The Florida Constitution provides that all political power is inherent in the people. Article I, Section 1, Florida Constitution. In Florida Land Company v. City of Winter Springs, 427 So 2d 170, 172 (Fla. 1983), the Court held that "[tjhe concept of referendum is thought by many to be a keystone of self government and its increasing use is indicative of a desire on the part of the electorate to exercise greater control over the laws which directly affect them". In this case, the people exercised their referendum power when a majority of the voters from each municipality voted to extend the operations of the OIG to their respective municipality and contribute funding thereto. The governing bodies now attempt to circumvent the actions of their people by invoking the doctrine of sovereign immunity. This suit to enforce the charges is based on the legal obligations approved by the citizens of the respective municipalities. Further, the municipalities present no persuasive legal authority to support these assertions that sovereign 5 immunity invalidates the vote of approval by their respective citizens. The Citizens of the Municipalities Entered into a Contract on Behalf of Their Governing Bodies to Fund the OIG. 23. As noted above, each municipality must adopt a budget for each fiscal year and the budget must regulate the expenditures of the municipality. §166.241, Florida Statutes (2011). An officer of the municipality may not expend or contract for expenditures except pursuant to the adopted budget. As also noted above, however, "[a]ll political power is inherent in the people. The enunciation herein of certain rights shall not be construed to deny or impair others retained by the people". Article 1, Section 1, Fla. Const. 24. The Fourth District Court of Appeal has thus held that the people could repeal an ordinance by referendum that authorized the sale of an auditorium and property owned by the municipality. Brooks v Watchtower Bible & Tract Society of Florida, Inc., 706 So. 2d 85, 90 (Fla. 4' DCA 1998). In Brooks, the city approved ordinances that authorized the sale of the city auditorium and property surrounding the auditorium. After the ordinance took effect, the mayor and city clerk signed the contract to sell the property. Some of the registered voters of the city filed a petition to repeal the ordinance and the city notified the buyer that it could not proceed with the contract until after the election on the petition was held. The buyer filed suit to enjoin the city from holding an election to vote on the referendum. Id. The court held that the people of the city have a right to a referendum and even though the city has the right to contract, an ordinance repealing a contract by the city does not necessarily make the ordinance unconstitutional. 25. Consequently, because the citizens of a municipality through a referendum may repeal a contract, it follows that the citizens of a municipality may enter into a contract (or force the city officials to do so) by exercising their referendum power. In this case, the majority of voters from the thirty-eight municipalities who voted on the ordinance used their referendum power and voted that the OIG should apply to their respective municipalities and that the municipalities should contribute to the funding of the program. Therefore, the Municipalities may not invoke sovereign immunity to avoid the obligation. See American Home Assurance Company, 908 So. 2d at 476 (municipality may not use sovereign immunity to defeat its obligations under a contract). The people are the municipalities and the officials who represent the people may not undermine the electorate process because they disagree with the vote of the people. The Implementing Ordinance Does Not Impose an Unlawful Tax, a it is a Valid User Fee or Regulatory Fee. 26. In Count II of their Amended Complaint, the Municipalities contend that the Implementing Ordinance imposes an unlawful tax. "[A] tax is an enforced burden imposed by sovereign right for the support of the government, the administration of law, and the exercise of various functions the sovereign is called on to perform". State v. City of Port Orange, 650 So. 2d 1, 3 (Fla. 1994) citing City of Boca Raton v. State. 595 So. 2d 25 (Fla. 1992). "The power of state and local governments to levy taxes is governed by the constitution". Collier County v. R State, 733 So. 2d 1012, 1014 (Fla. 1999). "No tax shall be levied except in pursuance of law. No state ad valorem taxes shall be levied upon real estate or tangible personal property. All other forms of taxation shall be preempted to the state except as provided by general law." Article VII, §1(a), Florida Constitution. Moreover, local governments, including counties, are authorized by law to levy ad valorem taxes, and may be authorized by general law to levy other taxes, except ad valorem taxes on intangible personal property and taxes prohibited by the Florida Constitution. /d, §9(a). Here, the charge for the OIG cannot be a lawful tax because it is not an ad valorem tax and it is not authorized by general law. 27. While the charge cannot be imposed lawfully as a tax, the County does possess the authority to impose user fees. See Collier County, 733 So. 2d at 1014. "User fees are charges based upon the proprietary right of the governing body permitting the use of the instrumentality involved". Port Orange, 650 So. 2d at 3. In Port Orange, the Florida Supreme Court offered the following three -prong test to determine whether a particular charge is a user fee or a tax: Such fees share common traits that distinguish them from taxes: [1] they are charged in exchange for a particular governmental service [2] which benefits the party paying the fee in a manner not shared by other members of society, and [3] they are paid by choice, in that the party paying the fee has the option of not utilizing the governmental service and thereby avoiding the charge. id. (citations omitted). The Municipalities contend that the charge for the OIG Program fails the second and third prongs of this test. 28. The Municipalities assert that the charge for the OIG does not benefit the individual Municipalities in a manner not shared by other members of society. Their argument ignores the obvious benefits that the Inspector General uniquely provides to municipal governments. The Inspector General is performing a service in the form of investigations, audits and reviews of municipalities' governments, and such services are only available in municipalities that approved the referendum. The fee is also proportionate to the amount of services the municipalities may receive from the OIG. The ordinance states "the funding base is a minimum level of funding, determined as a percentage of contract activity of the governmental entities subject to the authority of the inspector general". (emphasis added,). Thus, the contribution of each municipality is determined by the contract activity of each municipality that comes within the jurisdiction of the OIG. Although the County conceded at trial that at any given time one municipality may receive more attention than another municipality depending on situations, the contribution is still proportionate to the contracts subject to the OIG and the services and benefits to municipalities will inevitably balance out over the years. This argument is without merit. 29. The Municipalities' primary contention with respect to the user fee issue is that the charge for the OIG is mandatory and thus not paid by choice. Notably, "[o]f the three prongs set forth in City of Port Orange, this prong is considered the least significant". City of Miami v. Haiglev, 143 So. 3d 1025, 1031 (Fla. 3d 2014) (citing I4Commerce Center, Phase 1I. Unit I v. Orange County, 46 So. 3d 134, 136 (Fla. 5`h DCA 2010) (noting that of the three 7 requisite traits for a valid user fee set forth in City of Port Orange, the "most significant of these traits" are the first two). 30. The Municipalities further assert that a party must be able to "opt out" for a fee to be paid by choice. But Port Orange, provides that the party must only have the option of not utilizing the governmental service and thereby avoiding the charge. Port Orange, 650 2d at 3. The Municipalities had that option in the November 2, 2010 referendum vote. At that time, the Municipalities had the opportunity to opt -out, but the referendum was passed by a significant number of the voters. Furthermore, just as the voters opted into the service through referendum, the voters can opt out of the service by referendum. See §§ 5.1 and 6.3, Palm Beach County Charter, Hence, the court concludes that the charge for the OIG the Implementing Ordinance is a valid user fee and not an unlawful tax. 31. The County's position is that the charge for the OIG is a valid regulatory fee and case law supports that position. A municipality may levy reasonable business, professional, and occupational regulatory fees, commensurate with the cost of the regulatory activity, including consumer protection, on such classes of businesses, professions, and occupations, the regulation of which has not been preempted by the state or a county pursuant to a county charter". § 166.221, Florida Statutes (2011); see also Palm Beach County v. Bellsouth Telecommunications, Inc., 819 So. 2d 876, 878 (Fla. 4" DCA 2002) ("[O]ur supreme court has consistently found the term `municipality' to include `charter county' unless the statute under review draws a clear distinction between the two or expresses an intent to exclude charter counties from its purview". A regulatory fee may be charged pursuant to the states police powers, however, such fee may not be used for the purpose of raising revenue. Broward County v. Janis Development Corporation, 311 So. 2d 371, 375 (Fla. 4"' DCA 1975). Regulatory fees are solely to offset the expenses of regulation. 32. In this instance, Palm Beach County is a charter county and thus, has all the powers of self-government granted by the constitution and state of Florida. In the event of conflicts with municipal laws, the county's laws prevail in matters related to ethics with regard to the OIG where the majority of voters in such municipality approved the OIG referendum. On November 2, 2010, the majority of voters in all thirty-eight municipalities voted through referendum to approve OIG and make the Municipalities subject to the jurisdiction of the OIG and contribute funding. Therefore, because charter counties have the power of self-government and the Municipalities' voters, by majority vote, approved the referendum, Palm Beach County was given the power to regulate and enforce ethics through the OIG. 33. The Municipalities contend that a regulatory fee must be imposed pursuant to a regulatory scheme with detailed standards, rules, guidelines, and requirements relating to the conduct to be regulated. See, e.g. City of North Miami v. Williams, 555 So. 2d 399 (Fla. 3d DCA 1990). The Office of Inspector General was created to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and other abuses in county and municipal government. The Inspector General has the authority to investigate county and municipal matters, publish the results of such investigations, review and audit past and present programs, accounts, records, contracts, change orders, and transactions, and prepare reports and recommendations to present to the county and municipalities. It also requires county 9 administrators, municipal managers, municipal administrators, or mayors where the mayor is the chiefs executive officer to notify the inspector general of suspected mismanagement of a contract or loss exceeding $5,000.00, and to be notified of meetings duly noticed to the public that involve the procurement selection committee concerning the procurement of goods or services by the county or any municipality. Thus, although the OIG ordinance does not include explicit regulations directing the management of the Municipalities' departments, upon an investigation, audit, or review the OIG provides recommendations of how such departments may be operated in a more efficient manner. The also ordinance includes regulations that require the county and municipalities to take actions in specific situations. The lack of explicit standards with which the county and municipalities must comply is not fatal to the ordinance, as there is not a specific formula as to how to ethically operate governments and governmental departments. 34. Finally, the charges defray the cost of the investigations, audits, and reviews the Inspector General provides to the county and municipalities and enforcement of the notification requirements. See Flores v. City of Miami, 681 So. 2d 803, 808 (Fla. 3d DCA 1996) (holding that the fee was a regulatory fee and not a tax because the fee was designated to defray the cost of enforcing an ordinance that placed limitations on vendors). Therefore, because the county has the power to regulate, the OIG regulates the county and municipalities, and the fee is charged to offset the cost of regulation, the fee is a valid regulatory fee. The Implementing Ordinance is not Invalid for Requiring Payment for the Same Services Twice. 35. In Count III of their Amended Complaint, the Municipalities allege that the funding mechanism is unlawful (and inequitable) because it requires the residents of municipalities to pay for the services of the Inspector General twice: once by paying ad valorem taxes to the County, and again through the funding mechanism. In contrast they assert that residents of the unincorporated areas of the County only pay for it once through ad valorem taxes. The Municipalities appear to have abandoned this claim, as they did not brief it in their Trial Memorandum or argue it at trial. This assertion is without merit. 36. Article VIII, Section I(h) of the Florida Constitution provides: "Taxes; limitation. Property situate within municipalities shall not be subject to taxation for services rendered by the County exclusively for the benefit of the property or residents in unincorporated areas". "The somewhat unique concept embodied in this constitutional provision which prohibits taxation without corresponding (but not necessarily commensurate) benefit does not prohibit `dual taxation' or `double taxation' as those terms are ordinarily understood". Palm Beach County v. Town of Palm Beach, 426 So. 2d 1063, 1066 (Fla. 4" DCA 1983). "What is prohibited is `taxation without benefit[.]"' Id. "A petitioner bears the burden of proving the `negative -that a service provided by the county and funded by county —wide revenues does not provide a real and substantial benefit to the particular municipality"'. Palm Beach County V. City of Boca Raton, 995 So. 2d 1017, 1019 (Fla. 4`h DCA 2008). 37. Here, the Municipalities erroneously contend that "[a] taxpayer receives the same services from the OIG, whether he or she is within an incorporated municipality or the unincorporated areas of the County". (Amended Complaint ¶ 97.) This is simply incorrect E based on the unique benefit the OIG offers the citizens of the Municipalities. In addition to the oversight of the County government that the OIG offers, the Municipalities and their citizens have the opportunity to file complaints and receive investigations, audits and reviews of their own governing bodies. This is clearly a real and substantial benefit uniquely provided to the Municipalities. The Implementing Ordinance is Not Inconsistent with General Law. 38. Finally, in Count IV of their Amended Complaint, the Municipalities contend that the Implementing Ordinance is inconsistent with general law. Under section 1(g) of Article VIII of the Florida Constitution, a county may not enact an ordinance which is inconsistent with general law. See, e.g., Hillsborough County v. Florida Restaurant Association, Inc., 603 So. 2d 587 (Fla. 2d DCA 1992). 39. The only general law that the Municipalities suggest the Implementing Ordinance is inconsistent with is section 166.241, Florida Statutes. That statute provides that "[t]he governing body of each municipality shall adopt a budget each fiscal year. The budge must be adopted by ordinance or resolution unless otherwise specified in the respective municipality's charter. The amount available from taxation and other sources, including amounts carried over from prior fiscal years, must equal the total appropriations for expenditures and reserves. The budget must regulate expenditures of the municipality, and it is unlawful for any officer of a municipal government to expend or contract for expenditures in any fiscal year except in pursuance of budgeted appropriations." §166.241, Florida Statutes (2011). 40. Based on section 166.241, Florida Statutes, the municipalities that they have the exclusive authority to decide when to spend municipal monies, what programs to spend monies on, how much to spend, and how to allocate money in periods of limited resources. However, the statute does not actually clearly vest them with those powers and does not make such powers exclusive. Instead, it merely requires the municipalities to make a balanced budget each year. See State ex rel. Cole v. Keller, 129 Fla. 276, 176 So. 176 (1937) (annual budget "is nothing more than an invoice of the city's activities during the ensuing year and an estimate of their cost."); Town of North Miami v. Travis Company, 118 Fla. 879, 884, 160 So. 360, 362 (1935) ("The purpose of adopting a budget is to determine what amount of money is necessary to be raised by taxation."). 41. Thus, "[t]here is conflict between a local ordinance and a state statute when the local ordinance cannot coexist with the state statute". Phantom of Brevard. Inc. vs. Brevard County, 3 So. 3d 309, 314 (Fla. 2008). "Stated otherwise, `[t]he test for conflict is whether `in order to comply with one provision, a violation of the other is required"'. Id. (quoting Browning v Sarasota Alliance for Fair Elections, Inc., 968 So. 2d 637, 649 (Fla. 2d DCA 2007). The Implementing Ordinance requires the Municipalities to make a particular appropriation. Section 166.241, Florida Statutes, meanwhile, requires the Municipalities to ensure that they account for that appropriation with revenue. The Municipalities are fully capable of complying with both the Implementing Ordinance and section 166.241. There is thus no conflict between the two, and no violation of Article VIII, section I(g), Florida Statutes. 10 Accordingly, it is ORDERED AND ADJUDGED that Plaintiffs' request for declaratory relief is GRANTED as follows: A. The Municipalities do not enjoy sovereign immunity from suit to collect the charges in the invoices pursuant to the Implementing Ordinance; B. The Implementing Ordinance does not impose an unlawful tax, as it constitutes both a valid user fee and a valid regulatory fee which the County may impose upon the Municipalities; C. The Implementing Ordinance is not invalid for requiring payment for the same services twice; and D. The Implementing Ordinance is not inconsistent with general law, specifically section 166.241, Florida Statutes. DONE AND ORDERED in Chambers at West Palm Beach"P' /@ggch County, Florida, this Jday of March, 2015. ��[J D MAR 4P D CA?yfR/ 112015 Q Nf M. CATHERINE M. BRUNSON, Circuit o r'U /y Copies fumished to: DOUGLAS N. YEARGIN, ESQ. P.O. Box 3366 West Palm Beach, FL 33402 PHILIP MUGAVERO, ESQ. 300 North Dixie Highway, Suite 359 West Palm Beach, FL 33401 HELENE C. HVIZD, ESQ. 300 North Dixie Highway, Suite 359 West Palm Beach, FL 33401 HAMPTON C. PETERSON, ESQ. 301 North Olive Ave., 9'h Floor West Palm Beach, FL 33401 UL t 11 Iti (0 �4v" t Pf U ot'veja Q�v D 1 TOWN OF GULF STREAM, VILLAGE OF TEQUESTA, CITY OF RIVIERA BEACH, TOWN OF JUPITER, CITY OF DELRAY BEACH, TOWN OF PALM BEACH SHORES, TOWN OF MANALAPAN, VILLAGE OF WELLINGTON, TOWN OF MANGONIA PARK, CITY OF PALM BEACH GARDENS, TOWN OF HIGHLAND BEACH, TOWN OF LAKE PARK, CITY OF WEST PALM BEACH, TOWN OF OCEAN RIDGE, CITY OF BOCA RATON, municipal corporations of the State of Florida, Plaintiffs, VS. PALM BEACH COUNTY, a political subdivision, Defendant. IN THE. CIRCUIT COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: W 2011 rA U 17 9 5 3 2?%Kt �MV CO V -D pR F\ONA AN. RECD\v NO \ W 7.0 SNPPOCO G1.EPG T tv\�O�vtS C�¢ COMPLAINT FOR DECLARATORY RELIEF Plaintiffs, TOWN OF GULF STREAM, VILLAGE OF TEQUESTA, CITY OF RIVIERA BEACH, TOWN OF JUPITER, CITY OF DELRAY BEACH, TOWN OF PALM BEACH SHORES, TOWN OF MANALAPAN, VILLAGE OF WELLINGTON, TOWN OF MANGONIA PARK, CITY OF PALM BEACH GARDENS, TOWN OF HIGHLAND BEACH, TOWN OF LAKE PARK, CITY OF WEST PALM BEACH, TOWN OF OCEAN RIDGE, CITY OF BOCA RATON, municipal corporations of the State of Florida, ("Municipalities"), sue Defendant, PALM BEACH COUNTY (the "County"), for declaratory relief as follows GENERAL ALLEGATIONS 1. This is an action for declaratory relief pursuant to Chapter 86, Florida Statutes. 2. This action arises from the County's demand that the Municipalities pay a portion of the costs associated with the countywide Office of Inspector General Program. The Municipalitieg do not bring this action to overturn the Inspector General Program. Instead, the Municipalities bring this action solely to contest the funding mechanism for the Program. The funding mechanism is unlawful and unenforceable against the Municipalities given that it is contrary to law. For the funding of the Inspector General Program to be lawful, the County must fund it in its entirety. 3. The County is a political subdivision of the State of Florida. 4. The Municipalities are municipal corporations of the State of Florida. 5. This court has jurisdiction over the parties and the subject matter as all parties are located in Palm Beach County, the ordinances at issue were adopted in Palm Beach County and this lawsuit seeks declaratory relief. 6. Venue is proper in Palm Beach County. 7. Pursuant to Ch. 164, Fla. Stat., the Municipalities will file a motion to abate this proceeding until the parties can participate in the statutory conflict resolution procedure. FACTS COMMON TO ALL COUNTS History of Countywide Proerams in Palm Beach Countv 8. Palm Beach County adopted a "home rule" Charter in 1985 ("the Charter"). Article I, Section 1.3 of the Charter sets forth the relationship between County ordinances or regulations and Municipal ordinances or regulations which conflict with one another. In accordance with this Charter section, Municipal ordinances prevail over County ordinances to the extent of any conflict, except in instances where the voters of both the County and the Municipalities have voted in a referendum to amend the County Charter to create a "countywide" regulation on a particular subject matter. 2 9. The approval of a "countywide" regulation by referendum vote makes that regulation applicable in both the County and the Municipalities within the County. The referendum process is initiated by a "Charter Ordinance," which has been adopted by the Board of County Commissioners ("BCC") and which describes the proposed "countywide" regulation to be voted on. 10. Prior to 2010, five amendments to the Charter occurred. All of these amendments were initiated by the BCC, and were the subject of a Charter Ordinance. 11. Each of these amendments proposed countywide regulation on a particular subject matter over which the County wanted to achieve uniform regulation within the municipalities as well as the unincorporated portions of the County. Each of these amendments was approved by the voters in both the Municipalities and the unincorporated portions of the County after a referendum vote. These amendments included: A. The Protection of Wells and Wellfields; B. Countywide Impact Fees; C. The creation of a Countywide Planning Council and Land Use Element (repealed); D. The establishment of a countywide level of service for certain roads; and E. Voluntary Annexation. 12. Each countywide program enumerated above has been and continues to be entirely funded by appropriations from the BCC. All were administered and staffed by the County Administrator through the appropriate County Department, with the exception of the Countywide Planning Council, which had its own staff. 13. The Municipalities are not required to share in the costs of any of these countywide. programs. 14. The Countywide Planning Council was an independent agency with an Executive Director, planners, administrative personnel, and a General Counsel. Article VII, Section 7.15 of 3 the County's Charter provided: "The planning council shall annually adopt a budget and submit it to the board of county commissioners... The county shall fund the planning council each year in an amount reasonably sufficient to permit the planning council to accomplish its responsibilities. " Accordingly, although the Countywide Planning Council was an independent agency, it was at all times entirely funded by an annual appropriation by the BCC until the program was repealed. New Ethics Regulations in Palm Beach County and the Creation of the Office of Inspector General 15. Following the conviction of three County Commissioners for crimes they committed while in office and related to their official duties, the BCC initiated and adopted ordinances intended to more strictly regulate themselves and County employees (collectively referred to as the "Ethics Regulations"). 16. The Ethics Regulations included Ordinances establishing a new Code of Ethics, a Commission on Ethics to enforce the Code of Ethics, and an Office of Inspector General (the "Inspector General"), which was designed to detect misconduct involving abuse, corruption, fraud, waste, inefficiencies and mismanagement in County government. Implementation of the Ethics Regulations Via Four (4) Inconsistent Ordinances A. Original Ordinance 17. The Inspector General's Original implementing Ordinance (Ordinance No. 2009- 049), which was applicable only in the unincorporated portions of Palm Beach County, was adopted by the BCC on December 15, 2009 (the "Original Ordinance"). A copy of the Original Ordinance is attached hereto as Exhibit 1 and incorporated herein by reference. 18. Section 2(B)(4) of the Original Ordinance described the County's funding mechanism for the Inspector General as follows: 4 The costs of reviews, audits, inspections and investigations by the Inspector General shall be defrayed in part by imposition of a fee which shall be equal to one quarter of one percent (0.25%) of the contract price (hereinafter "IG contract fee). [emphasis added.] 19. The County imposed the IG contract fee on vendors and contractors that had contracts with the County unless an exception applied. 20. Section 2(B)(4) of the Original Ordinance provided that the IG contract fee did not apply to the following contracts: a. Contracts for legal services; b. Auditing contracts; C. Contracts under one thousand dollars ($1,000), except for decentralized purchase orders as set forth in the Palm Beach County Purchasing Ordinance, section 2-51(f)(1)(1); d. Federal, state and local government -funded grants; e. Interlocal agreements; f. Revenue -generating contracts; and g. Purchases made pursuant to the State of Florida Department of Revenue approved Sales Tax Recovery Program. 21. Section 2(H) of the Original Ordinance, entitled "Financial Support and Budgeting" established the County's sole responsibility to appropriate for and fund the Inspector General during fiscal year 2009-2010 as follows: In order to ensure adequate funding for the prompt establishment of the Inspector General pending implementation, the Board of County Commissioners hereby approves an amount equal to three hundred twenty thousand dollars ($320,000) to fund all Inspector General operations for the remainder of the 2009-2010 fiscal year. B. Amended Ordinance 22. On September 28, 2010, the BCC adopted Ordinance No. 2010-041 to, among other things, amend the funding mechanism that was contained in the Original Ordinance (the "Amended Ordinance"). A copy of the Amended Ordinance is attached hereto as Exhibit 2 and incorporated by reference. R 23. Section 2-423(4) of the Amended Ordinance provided that the funding mechanism for the Inspector General would now be as follows: The costs of reviews, audits, inspections and investigations by the inspector general shall be funded at minimum in an amount equal to one quarter of one (0.25) percent of contracts entered into by the county, as may be adjusted as necessary (hereinafter "minimum funding percentage"). [emphasis added.] 24. This new funding mechanism eliminated the IG contract fee imposed on vendors and contractors to fund the Inspector General Program and instead stated that the County itself would fund the Program in an amount equal to one quarter of one percent (0.25%) of County contracts. 25. The same contracts mentioned in paragraph 20 above were exempt from the new minimum funding percentage. 26. Section 2-429 of the Amended Ordinance again confirmed that the County was solely responsible to fund the Inspector General for the remainder of the 2009-2010 fiscal year in an amount equal to $320,000.00. C. Ballot Ouestion Ordinance 27. Prior to and after its adoption of the Ethics Regulations, the BCC unilaterally determined that it was necessary to extend the Ethics Regulations to the Municipalities. To do so, the BCC adopted Ordinance No. 2010-019 on July 20, 2010 (the `Ballot Ordinance"). A copy of the Ballot Ordinance is attached hereto as Exhibit 3 and incorporated herein by reference. 28. The Ballot Ordinance called for a referendum to be held at the next election to ask the voters of Palm Beach County whether to amend the County Charter and create a countywide Code of Ethics, a countywide Commission on Ethics and a countywide Office of Inspector General. Once approved, these countywide programs would be applicable in all municipalities in addition to the unincorporated areas of the County where they were already in effect. 3 29. With respect to the proposed countywide Commission on Ethics and its funding, Section 8.2 of the Ballot Ordinance provided: "The Commission on Ethics shall be adequately funded by the County Commission and all other governmental entities that elect to be subject to the authority of the Commission on Ethics pursuant to interlocal agreement." [emphasis added.] 30. The Ballot Ordinance did not require the Municipalities to pay a proportionate share of the funding for the operation of the Commission on Ethics if the referendum were passed. 31. Rather, the Ballot Ordinance only contemplated that the County and any governmental entities who elected to enter into interlocal agreements with the County to voluntarily come under the jurisdiction of the Commission on Ethics would share in the funding of this Office. 32. The use of the language "that elect to" was intended to apply to the Constitutional Offices, the School District of Palm Beach County, the Health Care District or other governmental entities should those entities elect to enter into interlocal agreements with the County to share in the funding of the Commission on Ethics. 33. The Ballot Ordinance's funding mechanism for the Commission on Ethics, to the extent it did not require the Municipalities to share in the cost of the program, was consistent with the previously adopted countywide programs mentioned in paragraph 11 above. 34. With respect to the funding for the countywide Inspector General Program, the Ballot Ordinance proposed a funding mechanism that was materially different than the one used for the Commission on Ethics. The Ballot Ordinance proposed Section 8.3 of the Ballot Ordinance, entitled "Inspector General," contains the following statement at line 10: The Office of Inspector General shall be funded at minimum in an amount equal to one quarter of one percent of contracts of the County and all other governmental entities subject to the authority 7 of the Inspector General (the "Funding Base") as determined by the Implementing Ordinance. 35. According to Section 8.3 of the Ballot Ordinance, Municipalities, for the first time since the County became a Charter County, would be required to share in the cost of a countywide program. 36. Sections 8.3 and 8.4(a) of the Ballot Ordinance also contained provisions demonstrating that the County retained the exclusive authority to fund the Office of the Inspector General and that the Municipalities were powerless to determine the funding that was to be expended for this Office. Section 8.3 provides: The Board of County Commissioners may increase or decrease the Funding Base upon a showing of need for such adjustment based upon criteria contained in the Implementing Ordinance but in no event shall the Funding Base be reduced below one quarter of one percent unless the request for such reduction is made by the Inspector General. Section 8.4 further provides: The Board of County Commissioners has adopted ordinances establishing and providing for the funding, authority and powers of the Palm Beach County Commission on Ethics and the Office of Inspector General (the "Existing Ordinances"). 37. With respect to the actual ballot language to be presented to the voters, Part 2 of the Ballot Ordinance, entitled "Referendum and Ballot Language," stated: On November 2, 2010, a general election is to be held, and in accordance with the requirements of the Constitution and Laws of Florida, the following question shall be placed on the ballot by the Supervisor of Elections: REQUIRING COUNTY CODE OF ETHICS, INDEPENDENT ETHICS COMMISSION AND INDEPENDENT INSPECTOR GENERAL Shall the Palm Beach County Charter be amended to require the Board of County Commissioners to establish by ordinances applicable to Palm Beach County and all municipalities approving 8 this amendment: a Code of Ethics, an independent Commission on Ethics funded by the County Commission, and an independent Inspector General funded by the County Commission and all other governmental entities subject to the authority of the Inspector General? YES NO 38. The actual ballot language was silent as to the specific method to be used in funding the Inspector General Program. 39. Both the Ballot Ordinance and actual ballot language were silent as to the anticipated budget for, or the estimated annual costs to be paid by the County and the Municipalities to fund the Inspector General program. 40. Both the Ballot Ordinance and actual ballot language were silent as to what contracts would be included in calculating the amount equal to 0.25% of contracts to fund the Inspector General program. 41. Since the Ballot Ordinance and ballot language were silent on the issue of estimated costs and what contracts would be included in the 0.25% of contracts calculation, the only ordinances available for review by the voters prior to the referendum that discussed these issues were the Original Ordinance and the Amended Ordinance. The current cost of the e Inspector General Program is more than 8 times higher than what was shown in these Ordinances. 42. On November 2, 2010, the referendum vote on the Ethics Regulations was held. A majority of the voters of each of the 38 Municipalities and of Palm Beach County as a whole approved the Ballot as presented in the preceding paragraph 37. 0 D. Implementine Ordinance 43. On May 17, 2011, the County Commission adopted the ordinance implementing the newly approved countywide Inspector General Program and providing for the funding for said Program (the "Implementing Ordinance"). The Implementing Ordinance repealed the Original Ordinance (Ordinance No. 2009-049). A copy of the Implementing Ordinance is attached hereto as Exhibit 4 and incorporated herein by reference. 44. The Implementing Ordinance proposed an entirely different method to fund the Inspector General's Office than what had been utilized in the Original Ordinance (Ordinance No. 2009-049), the Amended Ordinance (Ordinance No. 2010-041), and the Ballot Ordinance (Ordinance No. 2010-019). 45. The Implementing Ordinance provides that the County and Municipalities' proportionate share for the costs of the Inspector General Office are to be based on the actual expenses of the County and each Municipality as reported to the Florida Department of Financial Services Local Government Electronic Reporting System ("LOGER"). In this regard, Section 2- 429(1) and (2) of the Implementing Ordinance, entitled "Financial support and budgeting," provides as follows: (1) The county and municipalities shall fund the inspector general's office proportionately, based on the actual expenses of each governmental entity as recorded in the most recent audited year and reported in the Florida Department of Financial Services Local Government Electronic Reporting system (LOGER), pursuant to section 218.32, Florida Statutes, as may be amended. (2) The County and each municipality's proportionate share shall be based on each entity's actual expenses as defined in the then current Uniform Accounting System Manual, published by the State of Florida, Department of Financial Services, Bureau of Local Government, and shall include the following Object Categories: 30 — Operating Expenditures/Expenses; 60 — Capital Outlay; and 80 — Grants and Aids. Notwithstanding the above, however, law enforcement, pension funds, electric utility services, 10 fire control and intergovernmental transfer costs shall not be included in the proportionate share calculation. (emphasis added). 46. The Implementing Ordinance contains a contradictory statement that the funding base for the Inspector General's Office is not based on "actual expenses," but is based on an amount equal to one quarter of one percent (0.25%) of contracts as was provided for in the Ballot Ordinance. Section 2-429.1(1) and (2) of the Implementing Ordinance, entitled "Funding Base," provides in relevant part: (1) The funding base is a minimum level of funding, determined as a percentage of contract activity of the governmental entities subject to the authority of the inspector general ... The funding base is currently set at an amount equal to one quarter of one percent (0.25%) of the contracts as described in section 2- 429(2) .... (2) ... In no event shall the funding base be reduced below one quarter of one percent unless such reduction is made by the inspector general. 47. The Implementing Ordinance does not describe how the funding base, which is based on contract amounts, relates to the County and Municipality's proportionate share calculation, which is based on actual expenses. 48. Section 2-429(8) of the Implementing Ordinance further provides that: The county and each municipality's proportionate share for the period of June 1, 2011 through September 30, 2011 shall be as set forth in Exhibit A which is attached hereto and incorporated herein by reference. The Office of the Clerk and Comptroller shall invoice the County, upon adoption of this ordinance, $946,764. This amount is based on the estimated expenses through June 1, 2011 of $483,333, plus the County's proportionate share as reflected on Exhibit A. The Office of the Clerk and Comptroller shall invoice each municipality for their proportionate share as set forth in subsection (7) beginning with the first invoice on October 10, 2011. 11 49. Exhibit A referred to in Sec. 2-429(8) provides that the Municipalities' proportionate share of funding for the Inspector General for the period June 1, 2011 through September 30, 2011 is $327,898. 50. There is no provision in the Implementing Ordinance which gives the Municipalities the right to control their proportionate share of the funding for the Inspector General's Office. 51. The County issued its first invoice to the Municipalities for the Inspector General funding on October 10, 2011. COUNT I — DECLARATORY RELIEF (UNLAWFUL TAX AS TO MUNICIPALITIES) 52. The Municipalities reallege and incorporate by reference paragraphs 1 through 51 as if fully stated in this count. 53. The County is currently requiring the Municipalities to pay their proportionate share for the Countywide Inspector General Program. 54. The County's imposition of cost sharing on the Municipalities is not lawful. 55. The required municipal shares do not constitute a user fee. 56. There is no rational nexus between the service being performed by the Inspector General and the share charged. In fact, the Inspector General may never review, audit or investigate a contract that is the subject of the funding base or that constitutes an actual expense of the Municipality even though the County contends the proportionate share is based on these items. Additionally, the proportionate share is not voluntary under the Countywide Program; the Municipalities are required to pay their proportionate share. 12 57. The required municipal shares do not constitute a special assessment. Special assessments are tied to special benefits for real property. The shares are not related to any benefit to real property. 58. Given that the Municipalities' required shares do not constitute a user fee or a special assessment, they can only be a tax. 59. There has been no provision by general law or the State Constitution authorizing the County to levy this tax. Therefore, this tax is unlawful and unenforceable. 60. The voters approved the ballot question making the Municipalities subject to the Inspector General Program. The fact that the voters approved the ballot question, however, does not make it legal. See Gaines v. City of Orlando, 450 So.2d 1174 (Fla. 5th DCA 1984) (a charter provision that conflicts with the state constitution or state law is not any more lawful simply because the charter provision was adopted by the electorate). 61. As an alternative to the current funding method for the Inspector General Program, the County has previously stated that it can require County and municipal vendors to pay a 0.25% contract fee on every contract they enter into with the County or Municipalities (the "IG Contract Fee"). 62. Under this alternative funding method, the County has stated that the Municipalities would be responsible for imposing the IG Contract Fee on their respective vendors and collecting said Fee. 63. This IG Contract Fee is the same one that the County previously followed pursuant to the Original Ordinance (Ordinance No. 2009-049), but repealed pursuant to the Amended Ordinance (Ordinance No. 2010-041). 13 64. The Implementing Ordinance (Ordinance No. 2011-009), which contains the current funding mechanism, does not mention that the Inspector General Program will be funded Pursuant to the IG Contract Fee. 65. The County cannot unilaterally change the current funding mechanism to something different than that which was set forth in the Ballot Ordinance. 66. Further, the County's imposition of the IG Contract Fee on vendors to fund the Inspector General Program constitutes an unlawful tax and is unenforceable for the same reasons as set forth in paragraphs 55-59 above. 67. There are no legal means by which the Municipalities can pass this cost on to vendors or collect this unlawful Fee from vendors. 68. The Municipalities cannot be compelled to implement a program to collect an unlawful tax. 69. The Municipalities are in doubt as to their rights and the effect of the County's actions as described above. 70. There is a real and present controversy concerning the legality of the County's actions regarding the funding for the Inspector General Program. 71. There exists a bona fide actual present and practical need for a declaration regarding these issues since the County sent invoices to the Municipalities on October 10, 2011, demanding payment from each Municipality. WHEREFORE, the Municipalities respectfully request that this Court enter a judgment declaring that: a. The Municipalities shall not be required to share in the expenses of the Inspector General Program; b. The Municipalities shall not be required to implement a program to collect the IG Contract Fee from its vendors to fund the Inspector General Program; 14 C. Any and all expenses relating to the Inspector General Program shall be paid for solely by the County; d. Any efforts by the County to charge the Municipalities for the expenses of the Inspector General Program are unlawful and unenforceable; and e. The Municipalities are awarded their costs incurred in the prosecution of this action and are granted such other and further relief as deemed just and proper under the circumstances. COUNT II — DECLARATORY RELIEF (UNLAWFUL FUNDING MECHANISM DUE TO PAYMENT FOR THE SAME SERVICES TWICE) 72. The Municipalities reallege and incorporate by reference paragraphs I through 51 as if fully stated in this count. 73. The Ballot Ordinance and Implementing Ordinance both require that Municipalities pay a proportionate share for the Countywide Inspector General Program. 74. The required proportionate cost sharing is unlawful and unenforceable. 75. Municipal residents, whether individuals or businesses, pay the same ad valorem county taxes as those residents living in unincorporated areas. 76. A portion of these ad valorem county taxes paid by municipal residents go toward paying for the County's share of the Inspector General Program. 77. Municipal residents, therefore, already pay for the Inspector General Program through their payment of ad valorem county taxes. 78. Under the current funding mechanism, these same municipal residents also are required to pay ad valorem municipal taxes, a portion of which goes toward the Municipalities' share of the Inspector General Program. F 79. Under the current funding mechanism, municipal residents are required to pay for the services of the Inspector General twice while the residents of the unincorporated areas of the County are only required to pay for the services of the Inspector General once. 80. A taxpayer receives the same services from the IG, whether he or she is within an incorporated municipality or the unincorporated areas of the County. A municipal taxpayer receives no additional services in exchange for paying more. 81. The funding for the Inspector General Program is inequitable to municipal residents. The Municipalities are being forced to take taxpayer monies away from municipal programs to fund the Inspector General Program when municipal residents have already paid their share of ad valorem county taxes. 82. The County should be required to pay for the entire countywide Inspector General Program as it has done for all other countywide programs approved by referendum. 83. The Municipalities are in doubt as to their rights regarding the payment of the amounts demanded by the County to fund the countywide Inspector General Program. 84. There is a real and present controversy concerning the lawfulness of the County's actions regarding the funding for the Inspector General Program. 85. There exists a bona fide actual present and practical need for a declaration regarding these issues since the County sent invoices to the Municipalities on October 10, 2011, demanding payment from each Municipality. WHEREFORE, the Municipalities respectfully request that this Court enter a judgment declaring that: a. Municipal residents are entitled to pay a single fee for the Inspector. General's services, rather than a county fee and a municipal fee for these services; 16 79. Under the current funding mechanism, municipal residents are required to pay for the services of the Inspector General twice while the residents of the unincorporated areas of the County are only required to pay for the services of the Inspector General once. 80. A taxpayer receives the same services from the IG, whether he or she is within an incorporated municipality or the unincorporated areas of the County. A municipal taxpayer receives no additional services in exchange for paying more. 81. The funding for the Inspector General Program is inequitable to municipal residents. The Municipalities are being forced to take taxpayer monies away from municipal programs to fund the Inspector General Program when municipal residents have already paid their share of ad valorem county taxes. 82. The County should be required to pay for the entire countywide Inspector General Program as it has done for all other countywide programs approved by referendum. 83. The Municipalities are in doubt as to their rights regarding the payment of the amounts demanded by the County to fund the countywide Inspector General Program. 84. There is a real and present controversy concerning the lawfulness of the County's actions regarding the funding for the Inspector General Program. 85. There exists a bona fide actual present and practical need for a declaration regarding these issues since the County sent invoices to the Municipalities on October 10, 2011, demanding payment from each Municipality. WHEREFORE, the Municipalities respectfully request that this Court enter a judgment declaring that: a. Municipal residents are entitled to pay a single fee for the Inspector. General's services, rather than a county fee and a municipal fee for these services; ILLI b. The Municipalities shall not be required to pay an additional share of the expenses for the Inspector General Program over and above the county taxes already expended for this Program; C. Any and all expenses relating to the Inspector General Program shall be paid for solely by the County; d. Any efforts by the County to charge the Municipalities for the expenses of the Inspector General Program are unlawful and unenforceable; and e. The Municipalities are awarded their costs incurred in the prosecution of this action and are granted such other and further relief as deemed just and proper under the circumstances. COUNT IH — DECLARATORY RELIEF (LACK OF CHARTER AUTHORITY) 86. The Municipalities reallege and incorporate by reference paragraphs 1 through 51 as if fully stated in this count. 87. Pursuant to the Implementing Ordinance (Ordinance No. 2011-009), Municipalities are required to fund the Inspector General Program via the LOGER System even though this was not the funding method approved by the voters by their passage of the Ballot Question in November, 2010. 88. The Ballot Ordinance (Ordinance No. 2010-019) approved by the voters stated that the Inspector General Program would be funded at minimum in an amount equal to one quarter of one percent (0.25%) of contracts. 89. The Ballot Ordinance did not mention the LOGER System. 90. None of the past Ordinances dealing with the Office of Inspector General in fact have mentioned the LOGER System as the funding mechanism for the Program. 91. The first mention of the LOGER System to fund the Inspector General Program occurred on May 17, 2011, when the BCC adopted the Implementing Ordinance (Ordinance 2011-009). This was more than 6 months after the voters approved the Ballot Question. 17 92. The LOGER System is quite different than the funding method of utilizing an amount equal to one quarter of one percent (0.25%) of contracts as outlined in the Ballot Ordinance or its predecessor Ordinances. The LOGER System calculates the amount available to fund the Inspector General each year based on the County and the Municipalities' actual expenses rather than on contracts amounts. 93. The actual expenses calculation provides for a much broader funding base than the one outlined in the Ballot Ordinance or its predecessor Ordinances. 94. Given that the funding mechanism contained in the Implementing Ordinance is so different from the funding mechanism contained in the Ballot Ordinance that was considered by the voters, there is no charter authority for the County to require the Municipalities to remit payment for their share of the Inspector General Program via the LOGER system. 95. The Municipalities are in doubt and uncertain as to what amount (if any) they should remit to Palm Beach County to pay for their proportionate share of the funding for the Inspector General because the LOGER System was not mentioned in the Ballot Ordinance, was not submitted to the voters for approval, and was not mentioned by ordinance until the adoption of the Implementing Ordinance (Ordinance No. 2011-009) in May, 2011. 96. There is a real and present controversy concerning the lawfulness of the County's actions regarding the funding for the Inspector General program. 97. There exists a bona fide actual present and practical need for a declaration regarding these issues since the County sent invoices to the Municipalities on October 10, 2011, demanding payment from each Municipality. WHEREFORE, the Municipalities respectfully request that this Court enter a judgment declaring that: 18 a. There is no charter authority allowing the County to calculate the funding available to the Inspector General or the Municipalities' proportionate share of that funding based on the LOGER System; b. Any efforts by the County to charge the Municipalities for the expenses of the Inspector General Program via the LOGER System are unlawful and unenforceable; and C. The Municipalities are awarded their costs incurred in the prosecution of this action and are granted such other and further relief as deemed just and proper under the circumstances. COUNT IV —DECLARATORY RELIEF (UNLAWFUL CONFLICT WITH GENERAL LAW) 98. The Municipalities reallege and incorporate by reference paragraphs 1 through 51 as if fully stated in this count. 99. The Florida Constitution authorizes municipalities to "exercise any power for municipal purposes except as otherwise provided by law." Art. VIII, Sec. 2(b), Fla. Const. 100. Under Chapter 166 of the Florida Statutes, the Municipal Home Rule Powers Act, Municipalities are expressly empowered to exercise any power for municipal purposes, except when expressly prohibited by law. 101. Budgeting and the appropriation of taxes collected by municipalities are activities or powers which may be exercised by municipal corporations under Chapter 166, Florida Statutes. 102. In particular, Section 166.241, Florida Statutes, provides the statutory framework for municipalities to adopt and amend their budgets. 103. By requiring the Municipalities to fund the Inspector General Program, the County is attempting to compel the Municipalities to adopt budgets, which appropriate funds to carry out the functions of the Program. 19 104. The County imposes an amount on the Miuucipalities to pay each year based on the funding base and demands that the Municipalities appropriate the necessary monies to cover this amount without regard to what municipal programs will lose funding or face budget cuts as a result. 105. Pursuant to the Florida Constitution and the Municipal Home Rule Powers Act, municipalities retain the exclusive right to appropriate funds as each municipality finds necessary in responsible operation of municipal government. 106. Pursuant to Fla. Stat. 166.241, only the governing body of a municipality can appropriate funding to carry out the services and programs for its citizens. The County does not have the authority to compel the Municipalities to appropriate funds. 107. The County's demand that the Municipalities appropriate funds for the Inspector General Program is unlawful and unenforceable given that it takes the authority to control municipal budgets and the appropriation of funds away from the Municipalities. 108. The Municipalities' loss of budgetary control is compounded by the fact that Section 8.3 of the County's Charter and Section 2-429.1(2) of the Implementing Ordinance allow the BCC to increase the funding base for the Inspector General Program after a showing of need for such adjustment. 109. Neither the County's Charter or the Implementing Ordinance permit the Municipalities to participate in the decision to increase the funding base. 110. The Implementing Ordinance provides that the Municipalities are bound by the decision of the BCC and must appropriate funds accordingly if the funding base is increased. 111. Section 2-429.1(1)(a) of the Implementing Ordinance also permits the Inspector General to submit supplemental budget requests to the BCC for approval during the course of a fiscal year. 9C 112. The Implementing Ordinance does not permit the Municipalities to participate in the decision on whether to grant the supplemental budget requests even though the Municipalities will already have approved their budgets for that fiscal year. 113. The Implementing Ordinance provides that the Municipalities are bound by the decision of the BCC and must appropriate funds accordingly if the supplemental budget requests are approved. 114. The Municipalities are in doubt as to their rights regarding the lawfulness of the requirement that they appropriate funds through their budgets to pay the amounts demanded by the County to fund the Inspector General Program. 115. There exists a bona fide actual present and practical need for a declaration regarding these issues since the County sent invoices to the Municipalities on October 10, 2011, demanding payment from each Municipality and the Municipalities have refused to pay these invoices or have paid under protest. 116. There is a real and present controversy concerning the legality of the County's actions because the mandatory funding provisions of the County Charter and Implementing Ordinance unconstitutionally usurps municipal home rule powers and conflicts with general law. WHEREFORE, the Municipalities respectfully request that this Court enter a judgment declaring that: a. The Municipalities shall not be required to pay the expenses of the Inspector General Program; b. Any and all expenses relating to the Inspector General Program shall be paid for solely by the County; C. Any efforts by the County to require the Municipalities to appropriate funds to pay for the expenses of the Inspector General Program are unlawful and unenforceable; 21 d. Section 8.3 of the Charter and subsequent Implementing Ordinance are unconstitutional as they are in conflict with the powers and duties granted to the Municipalities under the Florida Constitution and Chapter 166, Florida Statutes; e. Section 8.3 of the Charter and subsequent Implementing Ordinance are unconstitutional as they are in conflict with the budgeting powers granted to the Municipalities pursuant to Chapter 166.0241, Florida Statutes; and f. The Municipalities are awarded their costs incurred in the prosecution of this action and are granted such other and further relief as deemed just and proper under the circumstances. Dated this1441kday of November, 2011. Respectfully submitted, Claudia M. McKenna, City Attorney CITY OF WEST PALM BEACH P.O. Box 3366 West Palm Beach, FL 33402 (561) 822-1350 (561) 822-1373 (facsimile) By. �- siv�� :4� 701-�ouglas N. Yeargin, Assistant City Attorney Florida Bar No. 777560 Kimberly L. Rothenburg, Assistant City Attorney Florida Bar No. 0938971 dyeareinna,wob.ora Attorney for Plaintiff City of West Palm Beach And /s/ John C. Randolph, Esquire Florida Bar No. 12900 Jones, Foster, Johnson & Stubbs, P.A. P.O. Box 3475 West Palm Beach, FL 33402-3475 Phone(561)659-3000/fax (561)832-1454 jrandoloh(iNones-foster.com Attorney for Plaintiff Town of Gulf Stream 22 M Keith W. Davis, Esquire Florida Bar No. 957577 Corbett and White, P.A. 1111 Hypoluxo Road, Suite 207 Lantana, Florida 33462-4271 Phone (561)586-7116/ fax (561)586-9611 keith(a),corbettandwhite.com Attorney for Plaintiffs Village of Tequesta, Town of Palm Beach Shores, and Town of Mangonia Park WMI Pamala Hanna Ryan, City Attorney Florida Bar No. 996432 City of Rivera Beach Attorney's Office 600 W. Blue Heron Boulevard Riviera Beach, Florida 33404-4311 Phone (561)845-4069/fax (561)845-4017 cityattomeve,rivierabch.com Attorney for Plaintiff City of Riviera Beach And /s/ Thomas Jay Baird, Esquire Florida Bar No. 475114 Jones, Foster, Johnson & Stubbs, P.A. 801 Maplewood Drive, Suite 22A Jupiter, Florida 33458-8821 Phone(561)650-8233/fax (561)746-6933 tbaird(a), iones-foster.com Attorney for Plaintiffs Town of Jupiter and Town of Lake Park 23 �%-1 /s/ R. Brian Shutt, City Attorney Florida Bar No. 0009611 City of Delray Beach 200 NW I" Avenue Delray Beach, Florida 33444-2768 Phone(561)243-7091/fax (561)278-4755 shutt@mvdelraybeach.com Attorney for Plaintiff City of Delray Beach And Trela J. White, Esquire Florida Bar No. 0323764 Corbett and White, P.A. 11 I 1 Hypoluxo Road, Suite 207 Lantana, Florida 33462-4271 Phone(561) 586-7116/fax (561)586-9611 trelana.corbettandwhite.com Attorney for Plaintiff Town of Manalapan .R'1:1�� Jeffrey S. Kurtz, Esquire Florida Bar No. 494178 The Law Offices of Glen J. Torcivia and Associates 701 Northpoint Parkway, Suite 209 West Palm Beach, Florida 33407-1956 Phone(561)686-8700/fax (561)686-8764 iefR@torcivialaw.com Attorney for Plaintiff Village of Wellington And R. Max Lohman, Esquire Florida Bar No. 0715451 Corbett and White, P.A. 1111 Hypoluxo Road, Suite 207 Lantana, Florida 33462-4271 Phone (561)586-7116/ fax (561)586-9611 max(&,corbettandwhite.com Attorney for Plaintiff City of Palm Beach Gardens 24 M /s/ Thomas Edward Sliney, Esquire Florida Bar No. 134723 Buckingham, Doolittle & Burroughs LLP 5355 Town Center Road, Suite 900 Boca Raton, Florida 33486-1069 Phone(561)241-0414/fax(561)241-9766 tslinev@bdlaw.com bdlaw.com Attorney for Plaintiff Town of Highland Beach /s/ Kenneth G. Spillias, Esquire Florida Bar No. 253480 Lewis Longman & Walker 515 N. Flagler Drive, Suite 1500 West Palm Beach, Florida 33401-4327 Phone(561)640-0820/fax (561)640-8202 ksoillias(a Ilw-law.com Attorney for Plaintiff Town of Ocean Ridge And Diana Grub Frieser, City Attorney Florida Bar No. 837921 City of Boca Raton 201 W. Palmetto Park Road Boca Raton, Florida 33432-3730 Phone 561-393-7700 Fax 561-393-7780 dafrieser(a ci.boca-raton.fl.us Attorney for Plaintiff City of Boca Raton 25 31� 2 3 ORDINANCE NO. 211H. 049 0 5 AN ORDINANCE OF THE BOARD OF COUNTY 6 COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, I PROVIDING FORTITLE; CREATING AND ESTABLISHING a THE PALM BEACH COUNTY OFFICE OF INSPECTOR 9 GENERAL; PROVIDING FOR REPEAL OF LAWS IN 10 CONFLICT; PROVIDING FOR SEVERABILITY; 11 PROVIDING FOR INCLUSION IN THE CODE OF LAWS 12 AND ORDINANCES; PROVIDING FOR ENFORCEMENT; 13 PROVIDING FORPENALTY; PROVIDING FORCAPTIONS; 14 AND PROVIDING FOR AN EFFECTIVE DATE. 15 16 WHEREAS, on May 21, 2009, the Palm Beach County Grand Jury issued a final 19 presentment in the invenigationofPsbn&ach Countygovenence and public corruption issues; old 20 WHEREAS, the Grand Jury recommended that the Board of County Commission of 21 Palm Beach Countyceacl an ordiminecesuhlishing mindepentm, OlfieeoflcupeemrGenend with 22 the ability to obtain my and all records fom Palm Beach County governmental comiss, vendom 23 doing business with the County, and entities funded in whole or in pan by County tea dollars; and 24 WHEREAS, the Bold of County Commissioner agree with the Grand Jury's 25 recommendnion thatm independent Palm Beach County OQieeoflnspecwtGmeral should now be 26 cmWed and established by ordinancem pmvidc indcpmdem ovenighr of Countyepcmtionr and 27 WHEREAS, the Board of County Commissioner, is committed to the bigheat standards of 26 integrity, honesty. <lficiency and accountability; and 29 WHEREAS, misconduct involving abuse, corruption, fraud, and mismanagement by elected 30 and appointed County officials and employees.County agencies andinstrumrnulities, con=o., 31 and other parties doing business with the County and/or receiving Caunry funds, undermines public 32 confidence in County government sndprevent, the County from operating honestly, eRciently and 33 effectively, and _ 34 WHEREAS, it is critically important that County elected and appointed official, and 35 employees discharge their duties and resporuibililies in a lawful and ethical manner and be held 36 accountable for their misconduct, Inefftcietey and ine@.etivenees; and 37 WHEREAS, imposing the duty on all elected and appointed CounryoRcials and,employ= 36 to ecepmu with and report misconduct to the bUiPector General will broaden and suengthem the OnJlirAias.EtsJ. 2 0 0) 049 EEXIHIBIT 1 �L 10 31 31 13 14 19 16 17 Ig 19 10 11 77 13 16 35 26 27 23 19 30 :1111 Inspector Grnensl's ability to detect, investigate, eliminate, and dnermisconduct byCounry officials t and employees, vendors and Cawty-fundd emitted and promote integrity, honeatyand elFiciencyin I County govemrnent; and WHEREAS, this Ordinance .,If send an unmistakable message In the public about she Coomy'seummitmrnt to motes out and eliminating abuse, conception, mismanagement and feud. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that: SEC TON 1 TITLE This Ordirence shall be titled the "Palm Beach Cowry Office of Inspector General Ordinance." SECTION2 PALM BEACH COUNTYOFFICP OFINSPECTOR GENERALCREATED AND ESTABLISHED, A. Created and established. There is hereby established the Palm Beach County Office of Inspector Crene"1 which is crested in order to detect misconduel involving abuse, corruption, fraud, waste, inefficiencies, and mismanagement by elected and appointed Cewtyofficials and employma, County agenein and instmmrntaliti", contractors, and Other Parties, doing business with the County and/or receiving County funds. The Impactor General shall head the Office of Inspector General. The organization end administration of the Office of Inspector General shall be independent to assure that no interference or influence external to the Office of Inspcclor General adversely alfects the independence and objectivity of the Inspector General, B. Fouctfous, Aulborlsy and Powe". (I) The Inspector General shall have the authority to: (a) make investigations of County matters and publish the results ofsuch investigations; (b) review and audit pmt, prom, and proposed County programs. occomts, records, contracts, change orders and Installations; and (c) prepare reports and recommendations to the Board based on such investigations. All elected and appointed Cowry officials and employe". County agencies and instrumentalities, contractor, and Other parties doing business with the County wd/ormceiving County funds shall fullycooperaae with the Inspector General. ORDINANGt. NO. 2 C 0 n 0 J 9 M M 31(2) The Inspector General shall have the power m conduct audits of require reports from, 1 and receive full and unrestricted access to the records of the Board, County 3 Administrator, All elected pp ted and appointed County officials and em to 1 P Yee; County a depggs cnM divisions, agencies and ins0 mtalitim, contractor, and otherp=n, and 5 entities doing business with the County and/or receiving County fund, regarding my fit such contracts or trmmijons with the Cow ry. The inspector General's jurisdiction 9 includes but shall not be limited to all projects, programa, contracts or transaction that 8 atefinded in whole or in part by the County. The Inspector General may contract with 9 outside enutia deemed necessary to perform the functions of that office. This 10 subsection does not apply to collative barinin gag agreements. 11 (3) In the case ofa refund to obey a request by the Inspector General for documents or for 12 an interview, the Inspector General shall have the power to subpoena wimeves, 13 administer oaths, and require the production of records. Seventy-two hour prior so la seting a subpoena, the Inspector Gmerd shall pmvide wrinen notice to the State 15 Attorney and the U.S. Attorney for the Southem District of Florida. The inspector is General shdlnotinterferewithmyongoingcriminalinvmti gation orpmsautionof0w 37i State Amomey or the U.S. Anomey forthe Southem District afFlorida. WhmtheStare IE Attorney or the U.S. Attorney for the Southern District ofFloridx has explicitly notified 19 Nelnspamr General in Mining dust the Inspector General's investigation is interfering 30 with m ongoing crimind investigation or prosaulioR the Inspector Genera shall 31 suspend service afsubpoma, examination 0fwimesses, or other investigative activides 11 as get forth in the notice. in the case ofa refusal m obs b Y a supoens served to my 33 person, the lmpector General may make application to any circuit was of this Stage la which shalihavejurisiichon to orderthewimesem appearbeforerhe lnspectorGency 15 and to produce evidence if so ordered, ono give testimony couching on the miner in 16 question. 1 77 (a) The costs ofrevicw; audits, inspections and investigations by the Inspatar Genera, 111 shall be defrayed by imposition ofa fee which shill be aryaa to one quarter of one 19I Percent (0.15%) ofthe contract price, as may be adjuetsd as necessary (hereinafter"IG 30 cuntra[t fee.1 7110 10 contract fee shall not apply m the following contracts: 31 I R Contracts for legal smites; CRUIriANUEN0. 2009 049 III b. Auditing contracts; 2 c. Contracts under one thousand dollars ($1,000), except for decentralized purchase 5 orders u act fonh in the Palm Beach County Purchasing Ordinance ,section 2- a 51(n(Ixl)t 5 d. Federal, cute and local government -funded grants; 6 e. Interlocal agreements; 7 f Revenue-generaling contracts; and e & Purchases made pursuant 10 the Stec OfFIcrida Depanmem ofRevmue approved 9 Sal" Tera Recovery Program. 10 Notwilhsmnding the foregoing, the Board may authorize Ne inclusion ofthe IG contract 11 foo in any contract. Nothing contained in this subsection shall in any way limit the 121 powcn of the 6uepcclor General provided for in this Ordinance to perform waits, 13 impectieru, reviews and inveatigatiom On all County contracts including but not 26 limited to, those contracts specifically exempted from the IG contract foe. 16 (5) Where the Inspector General suspeou a possible violation ofany state, redo!or local 16 I law, or rule, regulation or policy, he or she shall notify the appmpriue civil, criminal or 17 I administrative agmei", including the Palm Beach County Commission on Ethics. In 181 the ewe of a possible violation of a rule, regulation or policy governing a County 19 employee, the lnspecmrGeriond mall also notify the Countygdrninissur or and the head 20 of the Department for which the empleyce works. After referring the maria to the 21 appropriate entity for fen -finding the Wpector Gcnol may assist the entity in 22 conducting the investigation. 21 (6) The Inspector Geaenl shut have the power without limitation to audit, investigate, 28 monitor, inspect and review the operations, activida, performance. and precurvnent 25 process" including but not limited to, establishment of bid specifindow, bid 26 subminds, actividca of the contractor, its Officers, agents and employe", lobbyists, 27 County staff, and officials, in Order to ensure compliance with contract specification 28 and detect conception and fraud 29 (7) The Inspector General shall have the power to rceeive, review and investigate any 30 mmplainumgarding County-fundedpmjuts,proBems,conrmctaorbuuacdont The ORDINANCENO. �00� 04.9 1I Inspector General shall establish a "hotline" to receive complaints, from either 2anonymous or identified persona. 3 (8) The Inspector General may exercise any Of the powers contained this Ordinance upon II his or her own initiative. 5 7 to 11 11 13 24 1s 16 17 16 19 20 71 12 23 24 26 26 27 26 19 30 31 (9) The Inspector General shall be notified in writing prior to any meeting ofs selection committee where any matter relating to the pmcuremcnt of goods or services by the Cowry is to be discussed. The notice required by this subsection shall be given to the Inspector Genn! as soon as possible after a erecting has been scheduled, but in no event later than one bus:neu day prior to Neschedulcd meeting. The InspectorGencral may, at his or her discreliam attend all duly noticed County meetings relating to the pmeurement ofgoads or services az provided herein. and may pose questions and raise concema consistent with the functions, authority and powers of the bupe or General. (10)It is anticipated that murucipalitin, special districts, said other public officials and entities will recognize and desim to benefit from the smicm 0fthe Paha Beach County Offlco of Inspector General. The hupcctor General may negotiate agreements or memoranda of understanding with other public entities which would authorize the Inspector General to exercise any and all authority, functions and powers sal forth in this Ordinance for the benefit ofsuch public entity. The memorandum ofunderstanding or agreement shall include aprovisio, for fees to be paid to the Impostor General from the public entity in exchange for such benefits. Such fee shall bebased on a rate established by the bap<etor General and shall include, but not be limited to, the 10 contract fee. Any such agreement or memorandum ofundesstanding is subject to final approval ofthe, Board, but such approval shall not be orteasonably withheld. For the purposes ofthe removal procedure set forth in Section 2.1. of Nu Ordinance, a "Funding Entity" shall mean s public entity that ham entered into an agreement or memorandum of understanding to a ive$mien ofthe lnspectorGcnenl, and has provided funding in exchange for mch services equal to at ]crit 25% of the total annual budget of the Inspector General for Palm Beach County's fiscal year immrdimolyprecoding the fiscal year in which the mnoval procedure takes place. (11)The Inspector General's records related to active investigations me confidential and exempt from disclosure, w provided by section 112.3188(2), Florida Simian. S j}I� i1s � n A OROINwIt:b NO. ;)V n C% {i I (12)The Inspector General is considered "an appropriate local official" of the County for 2 purposes ofwhistleblowe pmteclionpsovidef by section 112.3188(l), Florida Statuses. 3 (13)The Inspector General may recommend remedial actions and may provide prevention 4 and training services to Countyofiicials, employees, andanyutherpermmcovaed by 5 this Ordinance. The Inspector General my follow up to determine whether 6 recommanded remedial actions have been taken. 2 (14) The lnapecmr General shall establish policies and procedures and monitor the costa of 8 investigations undertaken. The Inspector General shall cooperate with olha 9I govemmensal agencies m recover such costs fmm other entities involved in willful 10 misconduct in regal to County funds, 11 (13) Nothing herein shall abridge employees constitutional right so collective bargaining. 12 C. Minimum QuellBntlona, Selection and Term of Office 13 (1) Minimum qualifications. The bnpeeor General shell be person who: 14 a. Has at least gets (10) years ofexperience in my one or a combination of the following is fields; 1611 (i) ere a federal, sale era lural law enforeemen(olfittr/official; 17 (ii)aefedeml orstatecourtjudge; is (ill) u a fedeal,'We Or total government -romey with espenlse in investigating 29 fraud, mismanagement and corruption; 28 (iv) as an inspector general, certified public accountant, or internal audimq 22 (v) AS a Peron with progressive supervianry and managerial experience in an 22 investigative public agency similar to m inspector generals office; 23 b. Hu managed and completed comply investigations involving allegations of fraud. 24I theft, deception or conspiracy; 25 c HesdemonsVmed the abilityto work with local. We and fedcnl law enforcement 26I agencies and the judiciary; 27 d. Has a four-year degree from an accredited institution of higher laming; 28 e. Has not been employed by Palm Beach County or my other governmental entry 29 I subject to the authority of the Inspector General Office during the two-year period 30 immediately prior to selection; 6 ORDINhnGh rvt). 200 0G n 049 I f Highly qualified candidata will also have edit-related skills and/or hold one or 2 mole of the following professional unincadona as the fine of selection: certified 3 inspector general (CIG), certified inspector general ittvntigemr (CIGI), unified s inapecmr general auditor(CIGA), unified public acwununl(CPA). unified internal '+ audimr (CIA), or unified thud caamian (CFE). 6 (2) Selection. No official or employxafmy governmental entity subject to the authority 7 of the Office of inspector General alWl participate in the selection of the Irtpamr a General. Responuibilityforselcting the lmpttmr Geoaal shall be vested solely wids 9 the Irupector General Selection Commium ("Selection Committee'). The Sclmdon 10 Committee shall be comprised of the Commission on Ethic as established in Palm 11 Beach County Ordinance 2009- XXXY. the State Anomey for the Fiftanth Judicial 12 Circuit orhiserherdesignee, and the Public Defndcr forme FiRemtth Judicial Circuit 13 orhisorhadesigoee. ThachairpersomoftheSelection Comminme haUbech irp=n 11 ofthc Cmnmissionon Ethics. Aft"thcmughlymviewingqualifim6om,bukgmund Is information, and personal and pmfcasiom d referrals, the Selection Comminee shall 16 nofi"c County Attomeyofi'swlecdto. The County Anomeyshallpmmpdyandfy 17 the Baud that a selection hes been made. The County Attorney shall assist the 16 Commission an Edda an negotiate the tame of an employment contract with the 19 sclectod Inspector General as set forth in Section 2.D. 20 e. Initial Selection. Widdn thlty(30)days 0fthe effecfive date of this Ordirume,the 21 Human Resources Department will colied qualified candidata. Within one hundred 22 twenty (120)day. aftheefrmdve date ofthis Ordinance, the Selecfion Corruoince&hall 73 in goad faith cndavur to adect the Inspector General. 24 (3) Staf vii afSel=600 Committee. The Human Resources Department shall provide stiff 75 to the Selection Commitee and an necess try will edvertim the eaeptmce alrauma 26 for the position of lsspecmr General. All mama received by the Humor Remurw 27 Dcle2 mimt will be forwarded to the Selection Committee for considcr000n. The 26 Human Remurces Department shall rets mt with an appropriate catty to ensure that 29 background checks are conducted on the candidates selected for interview by the 30 SClectian Committee. The results ofthe background checks shall be provided In the 31 Selection Committeepriorto the interviewofundidata. Following the initial mlw6oa 7 f'� ORDINANCE NO. / ^ (n I I n ^ nil M 1 of the Inspector General, the Selmdoo Conunitke, for future selection processes at 1 damibedin cubsectionC.(1)above, mcycontinue to employ the cervices oflhejiumcn 3 Resourcm Department or may utilize its own staff to solicit candidata for Inspector 4 General. All advenicanentsfor the acceptance of amuma for hupector Gcrcral shall 5 include a salary range ccirmenamic with public officials of like experience and 6 expertise. r (4) Term. The Impactor General shall serve for a term of four (4) yeah. At least six (6) a months prim to the Ord of cub motrmt term, the Sliced" Committee will determine 9 whether or not to resew the enuut far m additional I'M of faro (4) yqn, and shall 10 promptly notify, the Inspector General of its decision. In the event the Selection 11 Committee elate not to IttnCW the contract, the Selection Committee shall promptly 12 convene u necessary to solicit candidates for and to select a new Inspector General in 13 the ams maoner as described in subsection C.(2) above. The incumbent hupactor 14 General may submit his or her roma m ac a didWC m be Considered forschmicn. The 15 incumbent laspecmrGencralshall s,,c=61awccgwris C:omedand assumes Office. 16 (5) Vacancy. In ease of vacancy in the pmition ofhsspaor Gwent, the chairperson of 17 the Selection Committee may appoint a member of the frupeemr General's Office as 19 interim Inspector Gencral within ten(10) days of the vaOancy occurring, until such time 19 as a successor hnspecter General is sclaCtod and asum suffice. Asuccuwr ]rupttlor 10 General alWl be selected in the carne meaner u described in subsection C.(1) above, 11 except for the following spa{lic time wnaaitua: (a) solicitation for qualified 11 candidata for selection should be published within twenty(i0)days but no lutt Nan 13 fany(40) days of the date the vacancy -ares; and (b) the5clatiun Committee maul in 14 good faith endeavor to Convene and select anlrupamr General within ninety(90)day, 15 of the due the vacancy occurs. 16 D. COOtraeL The Commission on Ethics with the miva¢e Of the County Attorney shall 17 negotiate s contract of employment with the Inspector Gwent substantially consisrem with the 29 latero included in Carat-fatherwn=tud emplOYea of Palm Beach County. The Impactor 19 General shall be paid u arae e0mmeruunue with public officials of like capericnce and expertise. 30 Before my Contract shall become eRective, the contract must be approved by amajori"fthe Beard 31 present at a regularly.schoduled Board meeting. The contract will cover the more four -yea term ORDANCh NJ. 2009 049 I subject to the removal provisions in subsection 21 of this Ordinance. The contract will include a 2 provision requiring the Selcctian Comminee to provide police of its decision to renew or nct to renew the contract at Icor six (6) months prior to the tomit4tion afthe connect. The contract shall a provide that the Inspector General may not mprcsent a political party or be an any esecubve 5 committee thereof, or leek public office during his at her term of service or for four (6) years 6 Ibi cil er. That limitation does not include seeking selection as Inspector General for a subsequent 7 term.Thce(mmislWlfurtherprovidethu the lnapecur G=cnd may Out be a lobbyist as defined B in Palm Beach County Code, Section 2452, for two years after term of smite. 9I E. Physical Facilities and Staff. t0 (1) The County shall provide the Office of Inspector General with appropriately located 11 office space and sufficient physical facilities together with necessary office supplier, 11 equipment and fumishinga to enable the Inspector General to Perform his or her 33 fimcdons. 14 (2) The Inspector General shall have the power to appoint, employ, and remove such 15 a,3ielenis, employees and personnel, and establish personnel procedures as deemed 16I necessary for the efficient and effective administration ofthe activities oflhe ORco of 17 inspector General. is P. Proeedore far Fiaalizatioo of Reparls and Raoemendadons Which Malta Flutings 19 Al to the Penon or Entity Being Reviewed or fmpec4d. The Inspector General shall publish and 20 deliver finalized report, and recommendations to the Board and to the Palm Beach County 21 Conant ssion on Ethics. Notwithstanding any other provision of this Ordinance, whenever the 22 Inspector General determines that it is appropriate to publish and deliver arspon or recommendation 23 which contains findings as to the parson at entity being reponed on or who is the subject of the 27 recommendation, the luspeetor General shall provide the affected person or entity a copy of the 25 report err recommendation. Such Person or entity shall have fifteen (15) working days to submit a 26 written explanation m rebuttal of the findings before the report ar recommendation is finalized 27 Such timely submitted written explanation or rebuttal shall be attached to the finalized repon or 26 recommendation. Therequiremcnts ofdds subaectionshall eat applywhen the Inspector General, in 29I conjunction with the State Attorney or U.S.Attorney, detennincs that supplying the affected person 30 or entity with such repos will jeopaNize a pending criminal investigation. 9 �)^✓1nn m m 1 G. Reporting. helnspator GerCIAt shall Annually Prepare and publish a wrdten report 1 wnceming 1167 work mtlactivilin ofthe OfficeaflnpectorGeneral including, butnm lbnitedto, 3 statistical information regarding the disposition ofcloced imvesugatiarls, Radius and other reviews, 0 The annual report ofthe lnspeclorOenml shall be posted Pmmpllyon Patin Beach County'spubfie 5 website. 6� H. FloanelalSupPort Rod Budgeting. Pursuant tofu annual budget Process, the County 7I shallprovide suBieien11 financial support for the Inspector General's Office to fulfill its duties As set 81 forth in this Ordinance. In order 10 enure sdequme funding for the prompt establishment ofthe 9 Inspector General pending impicmcnlation, the Board o(County Commission haebyappmva an 10 amount equal to three hundred twenty thousand dollars (S320,000) to Fund all Inspector General 11 operation for the remainder of the 2009-2010 fiscal year. The Inspector General shall timely 17 deliver to the Board 0fCaunty Commissioners a budget request including a reasonable eatimate of 131 oPmting and capital experdimm , and shall include revenues, including but not limited ter, 1AI pmjeaedlGwnlnctfeerevenuambecollected from the County and any otberparicipating localIS govertunenu and public agmcim. The Inspector General's budget g requatdall wtbeimplemmted 16 unfit approved by the Board of Cotmry Commission, 711c Inspector General shall establish a 17 fiscal year which wimides with that of Palm Beach County. Nothing contained herein shall be 16 wntsued to prohdbit the Inspector Gmml from Iranmining to the County Cammiai" 19 supplmenW budges mquesu which, 1fapproved by the Commission, stall wonimte amendments to 70 the county budget. III I. RemovRL The Inspector General may be removed only for "use based upon specified III chargesafthefollowing. neglect ofduty, abuse cfpower or Authority, discriminstion, or WW I 23 I misconduct. The removal process shall be initiated at a duly noticed public hearing of either the Ia Board, the Selection Committee, or a Funding Entity As described in Section 2.B.(10) of this 33 I OrdinAnce. M affirmative vote of five (5) member, of the Board, an elBnnative vole of five (5) I6 mmhera ofthe Selection Cammilrea, or An affinnafive auPenrujcrity vote ofa Funding Entity Shall 27 be required la present the Inspector General with the charges and to proceed to final public hearings. 26 The Board, Selection Committee, or the initiating Funding entity, As appropriate, shall transit a 29 copy ofthe charges to the Inspector General At least sixty(60) days priorlo all final public hearings 30 I which shall be convened by the Board, all Funding Fstitim, and the Scleaion Committee. The 31 .I Inspector Gcnml shall have an opportunity to be heart) in person and by counsel At the final public I ,,,olr,9ia(.E"u.2009 049 I hearings prior to the votes being lake on his or her removal, no bupecter Gmeral may only be 2 removed open the aMarstive vote of five (5) members of the Bond, five (5) members of the 3 Selection CPmmhteq and a 19em4Mty of all Funding Emlties. A record of the proceedings, 4 together with the charges ami findings thereon shall be filed with the Clerk m the Boyd. The 5 Inspector General &W be removed without a Public heating in the event the Irupcmr Crnwl is 6 mnvie'ad of" eters a guilty Pin or Roto eonetadcra pin m a rule or fdeaal faintly, 7 SECTION�Ai OFI.A\VS IN I[T a All local lawn and ordinama in raMiv with my Provisions of this ONinmcc tae hereby 9 repeated to Ne,rent of such nnnkt 10 SEC770N4 Este per 11 If my action' PMWNPb, reatense, clauq Phrase, or word of this Ordin men is for my 12 reuoo bald by a Cow ofenmpekwjudsdidon to be unconstionionsl. inoperative, amid, such 13 holding dull not affect the remainder of this Ordimoec 14 B CTION4 INCLUSION IN —CODE OA Le WB A_ atttO � 15 73npnsvions oftbis Ordiramce dull become and be made• Pat efthe Palm Bach County 16 Code. The sectiom ofthis Ordinuenrlaybo rcomdeod or ralcttcud m&==*iall such and the 17 word "ordina0q" may be rLmgd to "sections" "yticlq" or older approprieta ward M SECTION6. eNPORULb — 19 This Ordinates is enforceable by W mems Provided by taw, includingseeking B I°Pmctive 20 relief in the FiAanthludicial Circuit Court in and for Palm Bemb County, 21 $ECI70N7 PcNAIa 22 Any pease, who: 23 A. modistrs against. Punishes tFM^ hanarsq w Penalizes or atempu m mWiye 24 aged punisk ge"ca, hone; orMuliuBAY penin for sssiating, °om°utni°ati°Borcooperating 25 with the Impocmr Geaeaal, or 26 & who uucrf ern. obrtrnsta, impede or attempta m interfere, obstruct or impale in my 27 rove nigaOn maducted by the Inspector Gneral 29 shall be guilty of a violmon of Ibis Ordinaries ad Pmidud. pumum m cation 125.69, 29 Florida Stamm, in the... m aner u a sacod degree mudamaaoor. Any potential violation of 30 this notion &hall be referred to the State Armney, for possible invertigman and pmact lion GPOINANut,., 2009 049 1 SECTIOUaAFTIONS 2 The nptiom, section hesdinga, and section designuiana used in this Ordinance arc for 3 wnvwi=c Only and shill have no effect on the inlmpr loo oflhe Pmvisiow ofthis Ordinanw. al I9. AT 3 The lomvitions ofthis Ordinance shill hewme effective January 1, 2010, 6 7 II APPROVED AND ADOPTED by the Bold of County Commitdonen of Palm Beach 6 CountY. Florida, on this the 13th day ofDeeemba, 2009. 9 10 11 SHARON A BOCK f11 y '� y, CLERK-.Oy PALM BEACH COUNTY, FLORHIA, BY ITS 11 BOARD OF COUNTY COMMISSIONERS 13 hpq 14eCO• TYy w 16 Fury 1 '= Oa,m By 17 ertA a, Chao 19 19 20 (SEAL) 21 1 22 23 24 APPROVED AS TO FORM 23 AND LEGAL SUFFICIENCY 26 27 20 19 By: ' 30 County Att eery 31 321 EFFECTIVE DATE: Filed with the Deputtunt of State on the 11th day of 332 pecembat _2pyp_ I 12 ORUef0 9 01,9 trU+Nl:: 1W.y EP-XHIBIT I ORDINANCE 2010- 041 2 3 AN ORDINANCE OF THE BOARD OF COUNTY 4 COMMISSIONERS OF PALM BEACH COUNTY, 5 FLORIDA, AMENDING THE PALM BEACH COUNTY 6 OFFICE OF INSPECTOR GENERAL ORDINANCE, 7 PALM BEACH COUNTY CODE CHAPTER 2, a ARTICLE XII (ORD. 2009449) AS FOLLOWS: 9 AMENDING SECTION 2-423 FUNCTIONS, AUTHORITY 10 AND POWERS; AMENDING 2425 CONTRACT; 11 AMENDING 2427 PROCEDURE FOR FINALIZATION OF 12 REPORTS AND RECOMMENDATIONS; AMENDING 2429 13 FINANCIAL SUPPORT AND BUDGETING; PROVIDING 14 FOR REPEAL OF LAWS IN CONFLICT; PROVIDING FOR is SEVERABILITY; PROVIDING FOR INCLUSION IN THE 16 CODE OF LAWS AND ORDINANCES; PROVIDING FOR 17 EFFECTIVE DATE. 18 0 19 II WHEREAS, the Board of County Commissioners of Palm Beach County, pursuant to its 20 authority under Florida Constitution, Article Vlll, Section 1(g), Section 125.01, Florida Statutes, 21 the Palm Beach County Charter, adopted the Palm Beach County Office of Inspector General 22 Ordinance; and 23 WHEREAS, the Board of County Commissioners and the Inspector General have 24 reviewed said Ordinance and recommend the changes set forth in this amending ordinance; and 25 WHEREAS, the Board of County Commissioners hereby detennincs that the 26 II amendments set forth herein advance the purposes and intent of the Palm Beach County Office 27 II of Inspector General Ordinance, and 28 11 WHEREAS, the Board of County Commissioners has conducted a duly noticed public 29 hearing to consider these amendments as required by law. 30 I NOW, THEREFORE, be it ordained by the Board of County Commissioners of Palm 31 I Beach County, Florida, that: 32 II Part I. Sec. 2423. Functions, authority and powers, is hereby amended as follows: 33 •s• 34 (4) The costs of reviews, audits, inspections and investigations by the inspector general shall be 35 funded at minimum in an amount equal to one 36 quarter of one percent (0.25%) of the contracts entered into by the County ptaea, as may be i. _ 201n nl,, I 4: 4; 4: 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 r adjusted as necessary (hereinafter "IG ewwaet-fee'' "minimum funding Percentage" , The i6 eea:raet-tee minimum funding oercenta a shall not apply to the following contracts: a. Contracts for legal services; b. Auditing contracts; c. Contracts under one thousand dollars (51,000.00). pufeasegrders•as d. Federal, state and local government -funded grants; e. Interlocal agreements; f. Revenue -generating contracts; and g. Purchases made pursuant to the State of Florida Department of Revenue approved Sales Tax Recovery program. Notwithstanding the foregoing, the board may I apply the minimum finding percentage to any contract to ensure the Insocctor General receives ufticient funding to Perform the fimctions and duties set forth in this ordinance. Nothing i contained in this subsection shall in any way limit the powers of the inspector general provided for in this article to perform audits, inspections, reviews and investigations on all county contracts including, but not limited to, those contracts specifically exempted from the minimum funding Dercentage Weootreat--fae, i (5) Where the inspector general suspects a possible violation of any state, federal or local law, or rule, regulation or policy, he or she shall notify the appropriate civil, criminal or administrative agenci In the case of a possible t violation of a rule, regulation or policy governing a county employee, the inspector general shall also notify the county administrator and the head of the department for which the employee .I works. i 't I (8) The inspector general may exercise any of the powers contained in this article upon his or her own initiative. r�♦ 10) It is anticipated that municipalities, special districts, and other public officials and entities vill recognize and desire to benefit from the services of the county office of inspector general. 9 Ir)1 T 7e 75 76 77 78 79 8o 83 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 M M I The inspector general may negotiate agreements or memoranda of understanding with other I public entities which would authorize the inspector general to exercise any and all authority, I functions and powers set forth in this article for the benefit of such public entity. The memorandum of understanding or agreement shall include a provision for fees to be paid to the inspector general from the public entity in exchange for such benefits. Such fee shall be based on a rate established by the inspector general and shall include, but not be limited to, the Minimum funding percentage }6-oentratet—fee, Any such agreement or memorandum of understanding is subject to final approval of the board, but such approval shall not be unreasonably withheld. For the purposes of the removal procedure set forth in section 2-430, a "funding entity" shall mean a public entity that has entered into an agreement or memorandum of I understanding to receive services of the inspector general, and has provided funding in exchange for such services equal to at least twenty-five (25) percent of the total annual budget of the j i inspector general for the county's fiscal year immediately preceding the fiscal year in which the removal procedure takes place. Part 2. See. 2-025. Contract, is hereby amended as follows: The commission on ethics with the assistance of the county attorney shall negotiate a contract of employment with the inspector general substantially consistent with the terms included in contracts of other contractual employees of the county. The inspector general shall be paid at a rate commcmurate with public officials of like experience and expertise. Before any contract shall become effective, the contract must be approved by a majority of the board present at a regularly scheduled board meeting. The contract will cover the entire four-year term subject to the removal provisions in section 2-430. The contract will include a provision requiring the selection committee to provide notice of its decision to renew or not to renew the contract at least six (6) months prior to the termination of the contract. The contract shall provide that the inspector general may not represent a political party or be on any executive committee thereof, or seek public office during his or her term of serviced shall not seek public office or Mployment with any Public entity subiect to the iurisdiction of the Inspector General of for four (4) years thereafter. That limitation does not include seeking selection as inspector general for a subsequent term. The contract shall further provide that the inspector general may not be a lobbyist, as defined in section 2-352 of this Code, for two (2) years after term of service. 3 .,rgni n ..r;: 0. 0. 10 10 10'. 30: IN 10! 10E 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 M Part 3. Sec. 2427. Procedure for finalization of reports and recommeadatioos which make tIadings as to the person or entity being reviewed or inspected, is hereby amended 8s follows: The inspector general shall publish and deliver finalized reports and recommendations to the board and to the county commission on ethics. Notwithstanding any other provision of this article, whenever the inspector general determines that it is appropriate to publish and deliver a report or recommendation which contains findings as to the person or entity being reported on or who is the subject of the recommendation, the inspector general shall provide the affected person or entity a copy of the finding . Such person or entity shall have fifteen (15) working days to submit a written explanation or rebuttal of the findings before the report or recommendation is finalized. Such timely submitted written explanation or rebuttal shall be attached to the finalized report or recommendation. The requirements of this subsection shall not apply in matters subject to the State of Florida's Whistle blower's Act or when the inspector general, in conjunction with the state attorney or U.S. Attorney, determines that supplying the affected person or entity with such report will jeopardize a pending criminal investigation. j Part 4. Sec. 2429. Financial support and budgeting, is hereby amended as follows: - Pursuant to its annual budget process, the county shall provide sufficient financial support for the inspector general's office to fulfill its duties as set forth in this article. In order to ensure adequate funding for the prompt establishment of the inspector general pending implementation, the board of county commissioners hereby approves an amount equal to three hundred twenty thousand dollars ($320,000) to fund all inspector general operations for the remainder of the 2009-2010 fiscal year. The inspector general shall timely deliver to the board of county commissioners a budget request including a reasonable estimate of operating and capital expenditures, and shall include revenues, including, but not limited to, projected Minimum Ending Percents Its-eofitr� revenues to be collected from the county and any other participating local governments and public agencies. The inspector general's budget request shall not be implemented until approved by the board of county commissioners. The nspector general shall establish a fiscal year which coincides with that of the county. Nothing 4 - ')n1 /1 I 1: 13 13 13 13 13' 131 137 139 139 140 141 142 143 144 145 146 147 148 149 150 151 11 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 . C C contained herein shall be construed to prohibit the inspector general from transmitting to the county commission supplemental budget requests which, if approved by the commission, shall constitute amendments to the county budget. 1 II Part 5. Repeal of Laws in COnflICL All local laws and ordinances in conflict with any provisions of this Ordinance are hereby repealed to the extent of such conflict. Thc Palm Beach County Code of Ethics adopted by Resolution 94-693 as amended by Resolution 2003.0962, is hereby repealed in its entirety. Part 6. Severability. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by the Court to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of this Ordinance. Part 7. Inclusion In the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Palm Beach County, Florida. The sections of this Ordinance may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section, "'article," or other appropriate word. Part 8. Effective Date. The provisions of this Ordinance shall become effective October 1, 2010. APPROVED AND ADOPTED by the Board of County Comtnissioners of Palm Beach County, Florida, on this the 28ctdayof September 2010. SHAPnmu nnnv APPROVED AS TO FORM AND LEGAL SUFFICIENCY 3y: Coun tomey PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY OMMISSIONERS i BY: Chaimt led with the Department of State on the 5th dayof October 2010. 5 7n,n E n, y E XHIBIT 3 7 ORDINANCE NO. 2010 0L. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, AMENDING CHARTER OF PALM BEACH COUNTY, FLORIDA; PERTAINING TO ETHICS REGULATION, THE ESTABLISHMENT OF A COUNTY CODE OF ETHICS, AN INDEPENDENT COMMISSION ON ETHICS, AND AN INDEPENDENT OFFICE OF INSPECTOR GENERAL; PROVIDING FOR CHARTER AMENDMENT LANGUAGE; PROVIDING FOR REFERENDUM AND BALLOT LANGUAGE; PROVIDING FOR FORM OF NOTICE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CHARTER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 1(c), Article VIII of the Constitution of the State of Florida provides that by general law a county government may be established by charter, and WHEREAS, the voters of Palm Beach County adopted the Charter of Pahn Beach County on November 6, 1984, effective January 1, 1985; and WHEREAS, the Charter of Palm Beach County provides that the Board of County Commissioners may propose a charter amendment by ordinance subject to voter approval; and WHEREAS, the Board of County Commissioners of Palm Beach County has determined it is in the best interest of the citizenry of the County and will promote confidence in government to place a charter amendment on the ballot which will require the County to adopt by ordinance an independently appointed County Commission on Ethics adequately funded by the County Commission and an independently selected Office of Inspector General adequately funded by the County Commission and other governmental entities subject to the authority of the Inspector General; and Orios,4k,iCE NO. ? V l n n i {) WHEREAS, passage of this Ordinance will allow the residents of Palm Beach County to vote on tate proposed charter amendment at the general election held on November 2, 2010. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that: PART 1. AMENDMENT OF CHARTER Subject to the approval of the electorate as required by the Constitution and Laws of Florida, the Charter of Palm Beach County shall be amended by adding a new subparagraph (6) to Sec. 1.3. Scope of County Ordinances; Conflict with Municipal Ordinances; by amending Sec. 3.2. Prevention of Conflict of Interest; and by adding Article VIII, Ethics Regulation, Sec. 8.1 County Code of Ethics, Sec. 8.2 Commission on Ethics, Sec. 8.3 Inspector General, and Sec. 8.4 Ordinance Preparation, Adoption and Amendment, as follows: Sec. 1.3. Scone of County Ordinances; Conflict with Municipal Ordinances Municipal ordinances shall prevail over county ordinances to the extent of any conflict, regardless of the time of passage of the municipal ordinances, except that the county ordinances shall prevail over conflicting municipal ordinances: L61 In matters related to the Ethics Regulation in aocordanec with Article VIII of this Chaney. The Palm Beach County Code of Ethics Palm Beach Count Commission on Ethics and the Office of Inspector General in municipalities where the charier amendment is approved by a majority of voters in that munici alit voting in the referendum as set forth in Sec 6.3 of this Charter. 2 ORDINANCE N0. 2 01 n n 1 9 Sec. 3.2. Prevention of conflict of interest The Board of County Commissioners shall take whatever action is necessary on behalf of its residents to ensure that the County government's appointed officials, elected officials and employees abide by the code of ethics as set out in state law and the ethics regulations adopted by the Board of County Commissioners. ARTICLE VIII. ETHICS REGULATION See. R.I. County Code of Ethics The County shall by ordinance adopt a Palm Beach County Code of Ethics which shall be at least as Chapter 112 Part III Florida Statiggs the Code of Ethics for Public Officers and Employees The ordinance shall be prepared adopted and amended pursuant to the procedures in Section 8.4 below. Sec. g.2 Commission on Ethics The County shall by ordinance establish an independent Commission on Ethics comprised of a mini um of ve members not appointed by or sub'ect to removal by the Count Commission or by any other entity subject to the ituisdiction of the Commission on Ethics with the authority to review, interpret- render advisoryopinions and to enforce the Palm Beach County Code of Ethics and to 2rovide ethics training to local governments- citizen gq ps and the general Public of Palm Beach County. The ordinance shall be prepared adopted and amended Pursuant to the procedures in Section 8.4 below. The Commission on Ethics shall be adequately funded by the County Commission and all other govemmental entities that elect to be subiect to the authority of the Commission an Ethics pursuant to interlocal agreement. See. 8.3. Inspector General The County shall by ordinance establish an Office of Inspector General to Provide independent oversight of publicly funded transactions oroiecis and other local kovemment operations. The ordinance shall be prepared adopted and amended pursuant to the procedures in Section 8.4 below (hereinafter "Implementing Ordinance'1 The Implementing Ordinanc shall Provide that the Inspector General shall be selected by a Selection Committee comprised of the Commission on Ethics the State Attorney or designee and the Public Defender or designee The Implementing Ordinance shall further Provide that the Inspector General shall serve a fixed term, and prior to completion of that tern may be removed only for cause and pursuant to a rp ocedure requiring at a minimum supermaiority votes at duly noticed public hearings of the Board of County Commissioners and the Selection Committee The Office of Inspector General shall be funded at minimum in an amount equal to one quarter of one Percent of contracts of the County and all other governmental entities subiect to the authority of the Inspector General (the "Funding Base") as determined by the Implementing Ordinance The Board of Counry Commissioners may increase or decrease the Funding Base upon a showing of need for such a_d'Ltment based upon criteria contained in the Implementing Ordinance but in no event shall the Funding Base be reduced below one quarter of one Percent unless the request for such reduction is made by the Inspector General The demonstration of need shall be subiect to review and recommendation by the Review Committee which recommendation shall only be overruled by a supennaiority vole of the Board of County Commissioners No adjustment shall occur if such adimtment results in the Office of the Inspector General not being adequately funded ORDINANCE NO. 2 0 10 019 Sec. 8.4. Ordinance Preoaratiop Adoption and Amendment Ordinances Providing for implementation and funding of Article 8 Ethics Regulation of the Palm Beach County Charter shall be orepared, ado ted and amended in the followin Manner (a) The Board of County Commissioners has adopted ordinances establishing and providing for the funding authority and powers of the Palm Beach County Commission on Ethics and the Office of Inspector General (the "Existing Ordinances"). The drafting committee described below shall develop the ordinances enabling this Charter Amendment by beginning with the Existing Ordinances and making those changes necessary to conform the Existing Ordinances to the requirements of this Charter Amendment and nronosing other such changes deemed necessary and Proper by the drafting committee (b) Each ordinance shall be developed by a drafting committee consisting of two representatives appointed by the Board of County Commissioners two representatives appointed by the Palm Beach County League of Cities Inc (the "League') or any successor entity to the Leaguc; the County Attorney or his or her designee; and the General Counsel for the League or his or her designee. In addition, the committee will include the Executive Director of the Palm Beach County Commission on Ethics for matters Pertaining to the Code of Ethics and Commission on Ethics OrdinaUces. and will include the Ins cctor General for matters pertaining to the Inspector General Ordinance ("the Initial Ordinance Drafting Committee) The Initial Ordinance Drafting Committee may by majority vote agree to add up to three additional members representing other governmental entities that are suhiect to the regulation of the Inspector General the Commission on Ethics or both DkDINAj4rE NO. 2010 0 1 LJ The Board of County Commissioners may adopt any ordinance recommended by the Initial Ordinance Drafling Committee the "Recommended Ordinance" by an affirmative vote of four members of the Bo d. If the Board of County Commissioners desires to change any Recommended Ordinance the Board shall refer all Proposed changes to the Initial Ordinance Drafting Committee which shall either modify the Recommended Ordinance to include a proposed change or recommend that a proposed change not be adopted Adoption ofiv change to a Recommended Ordinance requires an affirmative vote of five members of the Board. [f the Initial Ordinance Draffing Committee fails to submit the Recommended Ordinance to the Board of County Commissioners within 90 days of effective date of this charter amendment or fails to take action on a Proposed change within 30 days of receipt of such change from the Board the Board of Colmly Commissioners may take action to adopt the ordinance by an affirmative vote of four members (d) Amendments to any of the ordinances adopted pursuant to Section 8 of the Charter may be proposed by the Board of Cmmty Commissioners the League the Ethics Commission the Inspector General or the Executive Director of the Commission on Ethics All proposed amendments must be reviewed by a commine, with the same make up as the Initial Ordinance Drafting Committee (the "Review Committee') The Review Committee's recommendation shall be forwarded to the Board of County Commissioners Any change recommended by the Review Committee may be adopted by an affirmative vote of four members of the Board of County Commissioners Adoption of any change not recommended by the Review Committee requires an affirmative vote of five members of the Board of County Commissioners If the Review Comminee fails to submit an ordinance amendment to the Board of Count Commissioners within 90 days after referral of an amendment from one of the above parties the n:=nwam rc Kin C O i 1 1 n 1 q Board of Count Commissioners ma ado t the amendment b anaffirmative vote of four members PART 2. REFERENDUM AND BALLOT LANGUAGE On November 2, 2010, a general election is to be held, and in accordance with the requirements of the Constitution and Laws of Florida, the following question shall be placed on the ballot by the Supervisor of Elections: REQUIRING COUNTY CODE OF ETHICS, INDEPENDENT ETHICS COMMISSION AND INDEPENDENT INSPECTOR GENERAL Shall the Palm Beach County Charier be amended to require the Board of County Commissioners to establish by ordinances applicable to Palm Beach County and all municipalities approving this amendment: a Code of Ethics, an independent Commission on Ethics funded by the County Commission, and an independent Inspector General funded by the County Commission and all other governmental entities subject to the authority of the hupector General? YES NO PART 3. FORM OF NOTICE . The forth of notice of the election by which this Charter shall be submitted to a referendum shall contain the complete text of parts 1 and 2 of this Ordinance. PART4. SEVERABILITY If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a Courtof competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. U"c .;AANCE W. 2 O 1 O o i 9 PART 5. INCLUSION IN THE CHARTER In the event this proposed amendment is approved by referendum, Pan I of this Ordinance shall become and be made a pan of the Home Rule Charter of Palm Beach County, Florida. The Articles or Sections of this Chatter Amendment Ordinance may be renumbered or relenered to accomplish such, and the word "amendment" may be changed to "section;, "article," or any other appropriate word. PART 6. EFFECTIVE DATE This Ordinance shall become law on January 1, 2011, if approved by a majority of those electors voting on the matter. APPROVED and ADOPTED by the Board of County Commissioners of Palm Beach County, Florida, on this the 20th day of July 2010. SHARON R. BOCK CLERK AND COM APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Anomey PALM BEACH COUNTY, FLORIDA, BOARD OF COUNTY COMMISSIONERS By: &AAAMUM Chair Filed with the Department of Slate on the 23rd day of _ July , 20i o . 6 ORDINANCE N0. 2010 019 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 EXHIBIT 44 ORDINANCE NO. 2011- noo AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, REPEALING THE PALM BEACH COUNTY OFFICE OF INSPECTOR GENERAL ORDINANCE, ORDINANCE 2009- 049, AS AMENDED, AND ADOPTING A NEW COUNTYWIDE OFFICE OF INSPECTOR GENERAL, PALM BEACH COUNTY, FLORIDA ORDINANCE; PROVIDING FORTITLE AND APPLICABILITY; CREATING AND ESTABLISHING THE OFFICE OF INSPECTOR GENERAL, PALM BEACH COUNTY, FLORIDA; PROVIDING FOR FUNCTIONS, AUTHORITY, AND POWERS; PROVIDING FOR OUTREACH; PROVIDING FOR MINIMUM QUALIFICATIONS, SELECTION AND TERM OF OFFICE; PROVIDING FOR CONTRACT; PROVIDING FOR PHYSICAL FACILITIES AND STAFF; PROVIDING FOR PROCEDURE FOR FINALIZATION OF REPORTS AND RECOMMENDATIONS; PROVIDING FOR REPORTING; PROVIDING FOR FINANCIAL SUPPORT AND BUDGETING; PROVIDING FOR FUNDING BASE; PROVIDING FOR REMOVAL; PROVIDING FOR ENFORCEMENT; PROVIDING FOR PENALTY; PROVIDING FOR SAVINGS CLAUSE; PROVIDING FOR RETROACTIVITY; PROVIDING FOR REPEAL OF LAWS IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CAPTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, based on a referendum on November 2, 2010, concerning proposed amendments to the Palm Beach County Charier, a majority of voters in the County and in every municipality in Palm Beach County elected to require the Board of County Commissioners to adopt an ordinance to establish a countywide office of inspector general to provide independent oversight of publicly funded transactions, projects and other local government operations; and WHEREAS, the Board of County Commissioners is committed to the highest standards of , integrity, honesty, efficiency and accountability; and WHEREAS, misconduct involving abuse, corruption, fraud, and mismanagement by elected and appointed County and municipal officials and employees, agencies and instrumentalities, contractors, and other parties doing business with the County and municipalities, undermines public confidence in local government and prevents these governments from operating honestly, efficiently and effectively; and WHEREAS, it is critically important that County and municipal elected and appointed officials and employees discharge their duties and responsibilities in a lawful and ethical manner and be held accountable for their misconduct; and 1i I I 2 I WHEREAS, the Board of County Commissioners hereby determines that the Ordinance set 3 forth herein advances the purposes and intent of the Pahn Beach County Charter amendments 4 approved by the electorate on November 2, 2010; and 5 WHEREAS, the Board of County Commissioners of Palm Beach County, pursuant to its 6 authority under Florida Constitution, Article VIII, Section 1(g), Section 125.01, Florida Statutes, the 7 I Palm Beach County Charter, hereby adopts the Palm Beach County Office of Inspector General 8 I Ordinance; and I 9 WHEREAS, the Board of County Commissioners has conducted a duly noticed public 10 hearing to consider these amendments as required by law. 11 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 12 I COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that: i 131 SECTION 1. THE PALM BEACH COUNTY OFFICE OF INSPECTOR GENERAL 14 The Palm Beach County Office of Inspector General Ordinance, Ordinance 2009.049, as I 15 amended, is hereby repealed, and the new countywide Office of Inspector General, Palm Beach 16 County, Florida Ordinance is hereby adopted as set forth in Exhibit 1, which is attached hereto and 17 made a par hereof. 18 SECTION 2. SAVINGS CLAUSE 19 All investigations, audits, reviews, reports and all other activities performed by the Office of 20 Inspector General pursuant to its functions, authority and powers, initiated or completed pursuant to 21 Ordinance 2009-049, as amended, shall remain in full force and effect. The tens of office of the 22 Inspector General selected pursuant to Ordinance 2009-049 shall remain as originally established. 23 SECTION 3. RETROACTIVITY 24 Section 2-429(3) of the Office of Inspector General, Palm Beach County, Florida Ordinance 25 is expressly declared retroactive to April I, 2011. 26 SECTION 4. REPEAL OF LAWS IN CONFLICT 27 All local laws and ordinances in conflict with any provisions of this Ordinance are hereby 28 repealed to the extent of such conflict. II 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 26 29 30 31 32 33 34 35 36 37 38 39 40 SECTION 5. SEVERABILITY. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a Court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of this Ordinance. SECTION 6. INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made apart of the Palm Beach County Code. The sections of this Ordinance maybe renumbered or relettered to accomplish such, and the word "ordinance' may be changed to "section... 'article;' or other appropriate word. SECTION 7. CAPTION The captions, section headings, and section designations used in this Ordinance are for convenience only and shall have no effect on the interpretation of the provisions of this Ordinance. SECTION 8. EFFECTIVE DATE The provisions of this Ordinance shall become effective June 1, 2011. APPROVED AND ADOPTED by the Board of County Commissioners of Palm Beach County, Florida, on this the 17chday of Hay '2011. SHARONILBOCK (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By G County A ey PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By ren arcus, Chair EFFECTIVE DATE: Filed with the Department of State on the 25th day of May 2011 3 3 ARTICLE XII. INSPECTOR GENERAL 5 Sec.2421. Title and Applicability. 6 7 (1) This article shall be titled the "Office of Inspector General, Palm Beach County, 8 Florida Ordinance." 9 (2) The Office of Inspector General, Palm Beach County, Florida Ordinance shall apply 10 to the following: 11 a. The board of county commissioners (hereinafter 'the board') and all county 12 departments; 13 b. The thirty eight (38) municipalities that approved the charter amendment in the 14 countywide referendum held November 2, 2010; IS c. Any other public entity that elects to be bound by this article by entering into a 16 memorandum of understanding or other agreement in accordance with section 2-423(9); 17 and 18 d. Any municipality formed after January 1, 2011, except to the extent that an ordinance 19 adopted by that municipality at any time conflicts with this ordinance. 20 21 Sec. 2422. Office created and established. 22 There is hereby established the office of inspector general which is created in order to 23 promote economy, efficiency, and effectiveness in the administration of and, as its priority, to 24 prevent and detect fraud and abuse in programs and operations administered or financed by the 25 county or municipal agencies. The inspector general shall initiate, conduct, supervise and 26 coordinate investigations designed to detect, deter, prevent and eradicate fraud, waste, 27 mismanagement, misconduct, and other abuses by elected and appointed county and municipal 28 officials and employees, county and municipal agencies and instrumentalities, contractors, their 29 subcontractors and lower tier subcontractors, and other parties doing business with the county or 30 a municipality and/or receiving county or municipal funds. The inspector general shall head the 31 office of inspector general. The organization and administration of the office of inspector general 32 shall be independent to assure that no interference or influence external to the office of inspector 33 general adversely affects the independence and objectivity of the inspector general. 34 35 Sec. 2423. Functions, authority and powers. 36 (1) The inspector general shall have the authority to: (a) make investigations of county or 37 municipal matters and publish the results of such investigations; (b) review and audit past, 38 present and proposed county or municipal programs, accounts, records, contracts, change orders 39 and transactions; and (c) prepare reports and recommendations to the board, or the subject 40 municipality, or participating entities subject to section 2.421 (2) based on such audits or 41 investigations. All elected and appointed county and municipal officials and employees, county 42 and municipal agencies and instrumentalities, contractors, their subcontractors and lower tier 43 subcontractors, and other parties doing business with the county or a municipality and/or 44 receiving county or municipal funds shall fully cooperate with the inspector general in the 45 exercise of the inspector general's functions, authority and powers. Such cooperation shall 46 include, but not he limited to providing statements, documents, records and other information, 47 during the course of an investigation, audit or review. The inspector general may obtain swom 48 statements, in accordance with Florida Statutes, of all persons identified in this subsection as 49 well as other witnesses relevant to an investigation, audit or review. Such audits shall he 50 conducted in accordance with the current International Standards for the Professional Practice of 51 Internal Auditing as published by the Institute of Internal Auditors, Inc., or where appropriate, in 52 accordance with generally accepted governmental auditing standards. Such Investigations will 53 comply with the General Principles and Standards for Offices of Inspector General as published 54 and revised by the Association of Inspectors General. The office of inspector general shall 55 develop and adhere to written policies in accordance with the accreditation standards set forth by 56 the Commission on Florida Law Enforcement Accreditation, Inc. 57 (2) The inspector general shall have the power to conduct audits of, require production of 58 documents from, and receive full and unrestricted access to the records of the board, each 59 municipality, county administrator, city administrator, city manager or other municipal 60 executive, all elected and appointed county and municipal officials and employees, county and 61 municipal departments, divisions, agencies and instrumentalities, contractors, their 62 subcontractors and lower tier subcontractors, and other persons and entities doing business with 63 the county or a municipality and/or receiving county or municipal funds regarding any such 64 contracts or transactions with the county or a municipality. Except as otherwise limited in this 65 subsection (2), the inspector general's jurisdiction includes but shall not be limited to all projects, 66 programs, contracts or transactions that are funded in whole or in part by the county or any 67 municipality. The inspector general may contract with outside entities deemed necessary to 68 perform the functions of that office. Any such contract is subject to final approval by the board, 69 but such approval shall not be unreasonably withheld. The inspector general may conduct 70 investigations and audits, issue reports, and make recommendations regarding collective 71 bargaining agreements. The inspector general shall conduct investigations and audits in 72 accordance with applicable laws, rules, regulations, policies and past practices. The inspector 73 general shall not interfere with collective bargaining negotiations. 74 (3) As provided in subsection (1), the inspector general can: require all county and municipal 75 officials and employees, contractors, their subcontractors and lower tier subcontractors, and other 76 persons and entities doing business with the county or a municipality and/or receiving county or 77 municipal funds to provide statements; administer oaths; and, require the production of 78 documents, records and other information. In the case of a refusal by an official, employee or 79 other person to obey a request by the inspector general for documents or for an interview, the eo inspector general shall have the power to subpoena witnesses, administer oaths, and require the 81 production of documents. Seventy-rwo (72) hours prior to serving a subpoena, the inspector 82 general shall provide written notice to the state attorney and the U.S. Attorney for the Southern 83 District of Florida. The inspector general shall notinterfere with any ongoing criminal 84 investigation or prosecution of the state attorney or the U.S. Attorney for the Southern District of 85 Florida. When the state attorney or the U.S. Attorney for the Southern District of Florida has 86 explicitly notified the inspector general in writing that the inspector general's investigation is 87 interfering with an ongoing criminal investigation or prosecution, the inspector general shall 88 suspend service of subpoena, examination of witnesses, or other investigative activities as set 89 forth in the notice. In the case of a refusal to obey a subpoena served to any person, the inspector 90general may make application to any circuit court of this state which shall have jurisdiction to 91 order the witness to appear before the inspector general and to produce evidence if so ordered, or 92 to give testimony relevant to the matter in question. 93 (4) Where the inspector general suspects a possible violation of any state, federal, or local law, 94 he or she shall notify the appropriate law enforcement agencies. The county administrator and 95 each municipal manager, or administrator, or mayor where the mayor serves as chief executive 96 officer, shall promptly notify the inspector general of possible mismanagement of a contract 97 (misuse or loss exceeding 55,000 in public funds), fraud, theft, bribery, or other violation of law 98 which appears to fall within the jurisdiction of the inspector general, and may notify the 99 inspector general of any other conduct which may fall within the inspector general's jurisdiction. loo The county administrator and each municipal manager, or administrator, or mayor where the 101 mayor serves as chief executive officer, shall coordinate with the inspector general to develop 102 reporting procedures for notification to the inspector general. 103 (5)The inspector general shall have the power without limitation to audit, investigate, monitor, 104 inspect and review the operations, activities, performance, and procurement processes including, Soy but not limited to, bid specifications, bid submittals, activities of the contractor, their 106 subcontractors and lower tier subcontractors, its officers, agents and employees, lobbyists, 107 county and municipal staff and officials, in order to ensure compliance with contract 108 specifications and defect corruption and fraud. 109 (6)The inspector general shall have the power to receive, review and investigate any complaints 110 regarding any municipal or county -funded projects, programs, contracts or transactions. The 111 inspector general shall establish a "hotline" to receive complaints, from either anonymous or 112 identified persons. 113 (7)The inspector general may exercise any of the powers contained in this article upon his or her 114 own initiative. 115 (8)The inspector general shall be notified in writing prior to any duly noticed public meeting ora 116 procurement selection committee where any matter relating to the procurement of goods or 117 services by the county or any municipality is to be discussed. The notice required by this 118 subsection shall be given to the inspector general as soon as possible after a meeting has been 119 scheduled. The inspector general may, at his or her discretion, attend all duly noticed county or 120 municipal meetings relating to the procurement of goods or services as provided herein, and may 121 pose questions and raise concerns consistent with the functions, authority and powers of the 122 inspector general. The failure by the county or municipality to give written notice required by 123 this section does not constitute grounds for a protest regarding such procurement and shall not be 124 the cause for the stay of any procurement, and shall not be the basis to overrum the award of a 125 contract. 126 (9) It is anticipated that special districts and other public officials and entities will recognize and 127 desire to benefit from the services of the county office of inspector general. The inspector 128 general may negotiate agreements or memoranda of understanding with other public entities 129 which would authorize the inspector general to provide independent oversight of any or all of the 130 public entity's transactions, projects and operations, and to exercise any and all authority, 131 functions and powers set forth in this article for the benefit of such public entity. The 132 memorandum of understanding of agreement shall include a provision for fees to be paid to the 133 inspector general from the public entity in exchange for such benefits. Such fees shall be based 134 on a rate established by the inspector general to cover the cost of such benefits and shall include , 135 but not be limited to, one quarter of one percent of the contracts as described in section 2-429(2) 136 (hereafter the "funding base") subject to inspector general review under the agreement. The 137 funding base shall be subject to adjustment as set forth in section 2429.1. Any such agreement 138 or memorandum of understanding is subject to final approval of the board, but such approval 139 shall not be unreasonably withheld. For the purposes of the removal procedure set forth in 140 section 2-430, a "funding entity" shall mean a public entity that has entered into an agreement or 141 memorandum of understanding to receive services of the inspector general, and has provided 142 funding in exchange for such services equal to at least twenty-five (25) percent of the total 143 annual budget of the inspector general for the county's fiscal year immediately preceding the 144 fiscal year in which the removal procedure takes place. 145 (10) The inspector general's records related to active audits, investigations and reviews are 146 conFidential and exempt from disclosure, as provided by §112.3188(2) and Chapter 119, Florida 147 Statutes. 148 (1 [)The inspector general is considered "an appropriate local official" of the county and of any 149 municipality for purposes of whistleblower protection provided by §112.3188(1), Florida 150 Statutes. 151 (12)The inspector general may recommend remedial actions and may provide prevention and 152 training services to county and municipal officials, employees, and any other persons covered by 153 this article. The inspector general may follow up to determine whether recommended remedial 154 actions have been taken. 155 (13)The inspector general shall establish policies and procedures and monitor the costs of 156 investigations undertaken. The inspector general shall cooperate with other governmental 157 agencies to recover such costs from other entities involved in willful misconduct in regard to 158 county or municipal funds. 159 (14)Nothing herein shall abridge employees' constitutional right to collec 160 live bargaining. 161 Sec. 2-423.1. Outreach. 162 The inspector general will coordinate with the county administrator and municipal 163 manager or administrator to develop public awareness strategies to inform government officials 164 and employees, as well as the general public, of the authority and responsibilities of the office of 165 the inspector general. Such strategies shall include but not be limited to inclusion in the 166 government's web page with a link to the office of inspector general website, publication of 167 notices in the government's newsletters, and posting information about the office of inspector 168 general in government employee break rooms and other common meeting areas. The inspector 169 general shall provide on its website examples that illustrate fraud, waste, mismanagement, 170 misconduct and abuse. 171 172 See. 2-424. Minimum qualificetla0s, selection and term of office. 173 (1) Minimum qualifications. The inspector general shall be a person who: 174 a. Has at least ten (10) years of experience in any one (1) or a combination of the following 175 Fields: 176 1. Asa federal, state or local law enforcement officer/official; 177 2. Asa federal or state courtjudge; 178 3. As a federal, state or local government attorney with expertise in investigating fraud, 179 mismanagement and corruption; 180 4. As an inspector general, certified public accountant, or internal auditor; 181 5. As a person with progressive supervisory and managerial experience in an investigative 182 public agency similar to an inspector general's office; 183 b. Has managed and completed complex investigations involving allegations of fraud, theft, 184 deception or conspiracy; 185 c. Has demonstrated the ability to work with local, state and federal law enforcement agencies 186 and the judiciary; 187 d. Has a four-year degree from an accredited institution of higher learning; 18g e. Has not been employed by the county, any municipality or any other governmental entity 189 subject to the authority of the inspector general office during the two-year period immediately 190 prior to selection, unless such employment has been with the Office of Inspector General, Palm 191 Beach County, Florida. 192 f. Highly qualified candidates will also have audit -related skills and/or hold one (1) or more of 193 the following professional certifications at the time of selection: certified inspector general 194 (CIG), certified inspector general investigator (CIGI), certified inspector general auditor (CIGA), 195 certified public accountant (CPA), certified internal auditor (CIA), or certified fraud examiner 196 (CFE). 197 (2) Selection. No official or employee of any governmental entity subject to the authority of the 198 once of inspector general shall participate on the inspector general committee. Responsibility 199 for selecting the inspector general shall be vested solely with the inspector general committee. 200 The inspector general committee shall be comprised of the commission on ethics as established 201 in section 2.254 et seq. of this Code, the slate attorney for the Fifteenth Judicial Circuit or his or 202 her designee, and the public defender for the Fifteenth Judicial Circuit or his or her designee. The 203 chairperson of the inspector general committee shall be chairperson of the commission on ethics. 204 After thoroughly reviewing qualifications, background information, and personal and 205 professional referrals, the inspector general committee shall notify the county anamey of its 206 selection. The county attorney shall promptly notify the board that a selection has been made. 207 (3) Staffing of inspector general committee. The county human resources department shall 208 provide staff to the inspector general committee and as necessary will advertise the acceptance of 209 resumes for the position of inspector general. All resumes received by the human resources 210 department will be forwarded to the inspector general committee for consideration. The human 211 resources department shall contract with an appropriate entity to easure that background checks 212 are conducted on the candidates selected for interview by the inspector general committee. The 213 results of the background checks shall be provided to the inspector general committee prior to 214 the interview of candidates. Following the initial selection of the inspector general, the inspector 215 general committee, for future selection processes as described in subsection (2) above, may 216 continue to employ the services of the human resources department or may utilize its own staff to 217 solicit candidates for inspector general. All advertisements for the acceptance of resumes for 218 inspector general shall include a salary range commensurate with public officials of like 219 experience and expertise. 220 (4) Term. The inspector general shall serve for a term of four (4) years. At least six (6) months 221 prior to the end of each contract term, the inspector general committee will determine whether or 222 not to renew the contract for an additional term of four (4) years, and shall promptly notify the 223 inspector general of its decision. In the event the inspector general committee elects not to renew 224 the contract, the inspector general committee shall promptly convene as necessary to solicit 225 candidates for and to select a new inspector general in the same manner as described in 226 subsection (2) above. The incumbent inspector general may submit his or her name as a 227 candidate to be considered for selection. The incumbent inspector general shall serve until a 228 successor is selected and assumes office. 229 (5) Vacancy. In case of a vacancy in the position of inspector general, the inspector general 230 committee may appoint a member of the inspector general's office as interim inspector general 231 within len (10) days of the vacancy occurring, until such time as a successor inspector general is 232 selected and assumes office. A successor inspector general shall be selected in the same manner 233 as described in subsection (2) above, except for The following specific time constraints: (a) 234 solicitation for qualified candidates for selection should be published within twenty (20) days, 235 but no later than forty (40) days of the date the vacancy occurs; and (b) the inspector general 236 committee must in good faith endeavor to convene and select an inspector general within ninety 237 (90) days of the date the vacancy occurs. 238 239 Sec. 2425. Contract. 240 A designee from the commission on ethics, with the assistance of the county's human 241 resources department and the county attorney's office, shall negotiate a contract of employment 242 with the inspector general substantially consistent with the terms included in contracts of other 243 contractual employees of the county. For the purposes of contract negotiations, such designation 244 by the commission on ethics shall not be deemed a delegation of the commission on ethics' 245 decision making authority. The inspector general shall be paid at a rate commensurate with 246 public officials of like experience and expertise. Before any contract shall become effective, the 247 contract must be approved by a majority of the board present at a regularly scheduled board 248 meeting. The contract will cover the entire four-year term subject to the removal provisions in 249 section 2-430. The contract will include a provision requiring the inspector general committee to 250 provide notice of its decision to renew or not to renew the contract at least six (6) months prior to 251 the termination of the contract. The contract shall provide that the inspector general may not 252 represent a political party or be on any executive committee thereof, or seek public office during 253 his or her term of service, and shall not seek public office or employment with any public entity 254 subject to the jurisdiction of the inspector general for four (4) years thereafter. That limitation 255 does not include seeking selection as inspector general for a subsequent term. The contract shall 256 further provide that the inspector general may not he a lobbyist, as defined in section 2352 of 257 this Code, for two (2) years after term of service. 256 259 Sec. 2426. Physical facilities and staff. 260 (I) The county shall provide the office of inspector general with appropriately located office 261 space and sufficient physical facilities together with necessary office equipment and furnishings 262 to enable the inspector general to perform his or her functions. 263 (2) The inspector general shall have the power to appoint, employ, and remove such assistants, 254 employees and personnel, and establish personnel procedures as deemed necessary for the 265 efficient and effective administration of the activities of the office of inspector general. 266 267 Sec. 2427. Procedure for ionlizatfo0 of reports and recommendations which make 268 findings as to the person or entity being reviewed or Inspected. 269 The inspector general shall publish and deliver finalized reports and recommendations to 270 the board or the appropriate municipality, and to the county commission on ethics. 272 Notwithstanding any other provision of this article, whenever the inspector general determines 272 that it is appropriate to publish and deliver a report or recommendation which contains findings 273 as to the person or entity being reported on or who is the subject of the recommendation, the 274 inspector general shall provide the affected person or entity a copy of the findings. Such person 275 or entity, who is the subject of a finding or recommendation resulting from an investigation or 276 review, shall have ten (10) calendar days to submit a written explanation or rebuttal of the 277 findings before the report or recommendation is finalized. In the case of an audit, such person or 278 entity shall have twenty (20) calendar days to submit a written explanation or rebuttal of the 279 audit findings or before the report or recommendation is finalized. The inspector general shall 280 grant reasonable extensions of time for providing a written explanation or rebuttal upon written 281 request. Such timely submitted written explanation or rebuttal shall be attached to the finalized 282 report or recommendation. The requirements of this subsection shall not apply in matters subject 283 to the State of Florida's Whistle -blower's Act, or when the inspector general, in conjunction with 284 the state attorney or U.S. Attorney, determines that supplying the affected person or entity with 285 such report will jeopardize a pending criminal investigation. 286 287 See, 2428. Reporting. 288 (1) Not later than December 31 of each year, the Inspector General shall prepare and publish a 289 written annual report summarizing the activities of the office during the immediately preceding 290 fiscal year ended September 30. The report shall be furnished to the inspector general 291 committee, the county administrator and the Palm Beach County League of Cities, Inc., and 292 posted on the inspector general's website. The report shall include, but need not be limited to: a 293 description of significant abuses and deficiencies relating to the administration of programs and 294 operations disclosed by investigations, audits, reviews, or other activities during the reporting 295 period; a description of the recommendations for corrective action made by the inspector general 296 during the reporting period with respect to significant problems, abuses, or deficiencies 297 identified; identification of each significant recommendation described in previous annual 298 reports on which corrective action has not been completed; and a summary of each audit and 299 investigation completed during the reporting period. 300 (2) The inspector general committee will meet with the inspector general every six months to 301 review the previous six month's activities and the inspector general's plans and objectives for the 302 upcoming six months. 303 Sec. 2429. Financial support and budgeting. 304 (1) Pursuant to their annual budgeting processes, the county and each municipality shall 305 provide sufficient financial support for the inspector general's office to fulfill its duties as set 306 forth in this article. The county and municipalities shall Pond the inspector general's office 307 proportionately, based on the actual expenses of each governmental entity as recorded in the 308 most recent audited year and reported in the Florida Department of Financial Services Local 309 Government Electronic Reporting system (LOGER), pursuant to section 218.32, Florida Statutes, 310 as may be amended. 311 (2) The county and each municipality's proportionate share shall be based on each 312 entity's actual expenses as defined in the then current Uniform Accounting System Manual, 313 published by the State of Florida, Department of Financial Services, Bureau of Local 314 Government, and shall include the following Object Categories: 30 - Operating 315 Expenditures/Expenses; 60 - Capital Outlay; and 80 — Grants and Aids. Notwithstanding the 316 above, however, law enforcement, pension funds, electric utility services, fire control, and 317 intergovernmental transfer costs shall not be included in the proportionate share calculation. 318 Nothing contained herein shall in any way limit the powers of the inspector general provided for 319 in this Ordinance to perform audits, inspections, reviews and investigations on all county and 320 municipal contracts. 321 (3) The inspector general shall establish and maintain a fiscal year which coincides with 322 that of the county. Beginning May 1, 2011, and every May 1 thereafler, the inspector general 323 shall deliver to the board a budget request including a reasonable estimate of operating and 324 capital expenditures and shall also include, but not be limited to, anticipated revenues from 325 sources other than the county and municipalities, and funds estimated to be received but not 326 expended in the current fiscal year. No later than April 1 of every year, the inspector general 327 shall deliver a preliminary budget request to the Palm Beach County League of Cities, Inc., and 328 be available to discuss the budget request with the League of Cities membctship prior to May 1 329 of every year. The board shall meet with a delegation selected by the Palm Beach County League 330 of Cities, Inc., to discuss the budget request for each fiscal year. The county shall endeavor to 331 place the matter on a board agenda prior to June 15 of each year, but in no event later than June 332 30. The parties attending this meeting shall acknowledge the provisions of section 2.429.1(1). 333 (4) No later than the fifth business day in July of each year, the Office of the Clerk and 334 Comptroller shall prepare an allocation schedule based on the most current LOGER system data. 335 The proportionate share to be paid by the county and each municipality shall be reduced 336 proportionately by the anticipated revenues from sources other than the county and 337 municipalities and the amount of funds estimated to be received but not expended by the 338 inspector general in the current fiscal year. 339 (5) In the event the county or a municipality does not submit the most recent fiscal year 340 data in the LOGER system, the proportionate share for that municipality shall be based upon its 342 last LOGER system submittal, subject to an escalator for each year the submittal was not made. 342 The escalator shall be based on the Consumer Price Index for All Urban Consumers, U.S. City 343 Average, as set forth in section 193.155, Florida Statutes, as may be amended. 344 (6) The budget of the inspector general shall be the subject to final approval of the board. 345 No later than September 30 of each year, the board shall set the inspector general budget for 346 coming fiscal year and adjust the proportionate share of the county and each municipality the 347 accordingly as described in this section. 348 (7) The Office of the Clerk and Comptroller shall invoice the county and each 349 municipality one-fourth of the proportionate share as adjusted on October 10, January 10, April 350 10 and July 10 of each year. Payment shall be submitted to the board and due no later than thirty 351 (30) days from the date of the invoice. Upon receipt, all funds shall be placed in the Office of 352 Inspector General, Palm Beach County, Florida Special Revenue Fund. In the event payment is 353 not timely received, the county or any municipality in compliance with this section may pursue 354 any available legal remedy. 355 (8) The county and each municipality's proportionate share for the period of June 1, 2011 356 through September 30, 2011 shall he as set forth in Exhibit A which is attached hereto and 357 incorporated herein by reference. The Office of the Clerk and Comptroller shall invoice the 359 County, upon adoption of this ordinance, $946,764. This amount is based on the estimated 359 expenses through June I, 2011 of $483,333, plus the County's proportionate share as reflected 360 on Exhibit A. The Office of the Clerk and Comptroller shall invoice each municipality for their 361 proportionate share as set forth in subsection (7) beginning with the first invoice on October l0, 362 2011. 363 364 Sec. 2.429.1 Funding Base 365 366 (1) The funding base is a minimum level of funding, determined as a percentage of 367 contract activity of the governmental entities subject to the authority of the inspector general. 368 The purpose of establishing the funding base is to ensure the office is adequately funded. The 369 funding base is currently set at an amount equal to one quarter of one percent (0.25%) of the 370 contracts as described in section 2429(2). Within ten (10) days following establishment of the 371 allocation schedule as described in 2-429(4), the county will determine whether the calculated 372 funding requirement meets the one quarter of one percent (0.25%) funding base. in the event the 373 calculated funding requirement is less than one quarter of one percent (0.25%), but the inspector 374 general's proposed budget is fully funded by the allocation schedule and revenues from sources 375 other than the county and municipalities, the inspector general shall request a reduction of the 376 funding base accordingly for that budget year. Nothing herein shall be construed to: 377 (a) Limit the calculated funding base to one quarter of one percent (0.25%), as may 378 be required to adequately fund the Office of the inspector General; 379 (b) Limit the inspector general's authority to request a budget that results in a 380 calculated funding base that is less than one quarter of one percent (0.25%) at any time; or 381 (c) Prohibit the inspector general from transmitting to the county supplemental 382 budget requests. 383 No adjustment to the calculated funding base shall occur if such adjustment results in the 384 Office of the Inspector General not being adequately funded. 385 (2) On an annual basis the board of county commissioners may adjust the funding base 386 percentage upon a showing of need which shall be based upon, but need not be limited to, the 387 following criteria: 388 (a) additional expenses in a particular year necessitated by an extraordinarily large 389 investigation or audit; - 390 (b) the amount of increases or decreases in budget requests by the inspector general in 391 prior years; 392 (c) the amount and frequency of supplemental budget requests made by the inspector 393 general in prior years; 394 (d) the amount and frequency of surpluses and/or shortfalls in the inspector general's 395 budget in prior years; 396 (e) the ability of the county and each municipality to bear an increase of the funding base 397 percentage in a particular year. 398 The demonstration of need shall be subject to review and recommendation by the review 399 committee as established in the Charter of Palm Beach County, section 8.3. The review 400 committee's recommendation shall only be overruled by a supermajority vote of the board of 401 county commissioners. In no event shall the funding base be reduced below one quarter of one 402 percent unless such reduction is made by the inspector general. 403 404 See. 2430. Removal. 405 The inspector general may be removed only for cause based upon specified charges of the 406 following: neglect of duty, abuse of power or authority, discrimination, or ethical misconduct. 407 The removal process shall be initiated at a duly noticed public hearing of either the board, the 409 inspector general committee, or a funding entity as described in section 2.423(9). M affirmative 409 vote of five (5) members of the board, an affirmative vote of five (5) members of the inspector 410 general committee, or an affirmative supermajority vote of a funding entity shall be required to 411 present the inspector general with the charges and to proceed to final public hearings. The board, 412 inspector general committee, or the initiating funding entity, as appropriate, shall transmit a copy 413 of the charges to the inspector general at least sixty (60) days prior to all final public hearings 414 which shall be convened by the board, all funding entities, and the inspector general committee. 415 The inspector general shall have an opportunity to be heard in person and by counsel at the final 416 public hearings prior to the votes being taken on his or her removal. The inspector general may 417 only be removed upon the affirmative vote of five (5) members of the board, five (5) members of 418 the inspector general committee, and a supermajority of all funding entities. A record of the 415 proceedings, together with the charges and findings thereon, shall be riled with the clerk to the 420 board. The inspector general shall be removed without a public hearing in the event the inspector 421 general is convicted of or enters a guilty plea or nolo contendere plea to a slate or federal 422 felony. Based upon specified charges of neglect of duty, abuse of power or authority, 423 discrimination, or ethical misconduct, one or more municipalities may file a petition for removal 424 with the general counsel for the Office of Inspector General. A petition for removal must be 425 duly authorized as a resolution outlining the specific charges and passed by a majority plus one 426 of the governing body. The petition for removal shall be transmitted to the inspector general 427 committee with a copy to the general counsel of the inspector general. The inspector general 428 committee shall decide whether to initiate the removal process or dismiss based on the petition. 429 The inspector general committee may investigate the allegations contained in the petition before 430 deciding whether to initiate the removal process. If the inspector general committee initiates the 431 removal process, the municipality or municipalities making the petition for removal shall have 432 the opportunity to be heard at the final public hearings prior to the votes being taken. 433 434 Sec. 2431. Enforcement. 435 This Ordinance is enforceable by all means provided by law, including seeking injunctive 436 relief in the Fifteenth Judicial Circuit Court in and for Palm Beach County. 437 438 Sec. 2432. Penalty. 439 Any person who: 440 (1) retaliates against, punishes, threatens, harasses, or penalizes, or attempts to retaliate ting 441 against, punish, threaten, harass, or penalize any person for assis, communicating or 442 cooperating with the Inspector General, or 443 (2) who knowingly interferes, obstructs, impedes or attempts to interfere, obstruct or 444 impede in any investigation conducted by the Inspector General 445 shall be guilty of a violation of this Ordinance and punished, pursuant to section 125.69, Florida 446 Statutes, in the same manner as a second degree misdemeanor. Any potential violation of this 447 section shall be referred to the State Attorney for possible investigation and prosecution. 448 10 A77ACHMENT2 1 ' z 3 4 5 ARTICLE XII. INSPECTOR GENERAL 6 7 Sec. -2.421: Tltln and Applicability. 8 9 (-This article shall he titled the 6aua -Office of Inspector General, 30 Palm Beach County. Florida Ordinance."." 11 12 (2) The Office of inspector General Palm Beach County, Florida Ordinance shall apply 23 to the following - 14 a_The _board of county commissioners (hereinafter "the board') and all county 15 deoanments, 16 b The thirty eight (38) municipalities that aomoved the charter 17 amendmcnr in the countywide referendum held November 2. 2010 18 c Any other public entitv that elects to be bound by this article by enterina 19 into a memomndurn of understanding or other agreement in accordance with section 2- 20 423191, and 21 d. Any municipality Formed after Jan` 1 201 L except to the extent that an ordinance 22 adopted by that municipal tty at a y time conflicts with this ordinance 23 24 Sec. 2-422. Office created and established. 25 Them is hereby established the county office of inspector general which is created in 26 order to promote economyefficiency, and effectiveness in the ad. inistration of and to prevent 27 and detect fmud and abuse, e—sopaptiarfin programs and ocerations 28 administered or financed by the county or municipal agencics, The inspector neral shall 29 tmttate, conduct. supervise and coordinate investigations designed to deter deigr. prevent and 30 eradicate fraud, waste, iaefte�mismanagemem, misconduct, and other abuses by 31 elected and appointed county and municipal officials and employees, county and municipal 32 agencies and instrumentalities, contractors, their subcontractors and lower tier subcontractors 33 and other parties doing business with the county or a muniefpalily and/or receiving county or 34 municipal funds. The inspector general shall head the office of inspector general. The 35 organization and administration of the office of inspector general shall be independent to assure 36 that oo interference or influence external to the office of inspector general adversely affects The 37 independence and objectivity of the inspector general. 38 39 40 Sec. 2423. Functions, authority and powers. 41 (1) The inspector general shall have the authority to: (a) make investigations of county 2E 42 municipal matters and publish the results of such investigations; (b) review and audit past, 43 present and proposed county or,nunicioal programs, accounts, records, contracts, change orders 44 and transactions; and (c) prepare reports and recommendations to the board, tar the subiect 45 n'cioality. or Participating cruitics subiect to section 2A21 121 based on such audits oror 46 investigations. All elected and appointed county and municipal officials and employees, county 47 and municipal agencies and instrumentalities, contractors their subcontractors and lower ti r 48 subcontractors, and other parties doing business with the county tar a municipality and/or 49 receiving county or municipal funds shall fully cooperate with the inspector general i [be 50 exercise of the inspector gene I's functions authority and powers Such cooperation shall 51 ttlslude but not be limnted tg ptoviding statements documents rc"rds and other inl' unati n 52 during the course of an in Elligation,audit or review. The inspector I may obtain swum 53 statements. to accordance with Florida Statutes.—of all persons identified in this subsection a 54 well gs other witnesses relevant to an investigation. audit or review, Such audits shall be 55 dusted in accordance with the current International Standards for the Professional Practice of 56 Internal Auditing as published bY the Institute of Intgmal Auditor Inc h'app tc. in 57 accurdance with generally accented governmental auditing standards tach investigation will 58 cam_oly with the General Pnncmlcs and Standards for Offices of Insoector Qclieral as Published 59 and revised by the Association of Inspectors Qgneral, The office of inspector general shall 60 develop and adhere to written Policies in accordance with the accreditation standards set forth by 61 the Commission on Florida Law Enforcement Accreditation. Inc. 62 (2) The inspector general shall have the power to conduct audits of, require reI>artaproducfM 63 of documents from, and receive full and unrestricted access to the records of the board, each 64 munieipelity- county administrator, city administrator city mane r or other municipal 65 executive. all elected and appointed county and municipal officials and employees, county MW 66 municipal departments, divisions, agencies and instrumentalities, contractors, their 67 subcontractors and lower tier subcontractors. and other persons and entities doing business with 68 the county or a municipality and/or receiving county or municipal funds regarding any such 69 contracts or transactions with the county Ale or a municipality. Except as otherwise limited in 70 this subsection (2). the inspector general's jurisdiction includes but shall not be limited to all 71 projects, programs, contracts or transactions that are funded in whole or in part by the county.- 72 any municioality, The inspector general may contract with outside entities deemed necessary to 73 perform the functions of that office. 74 agreementeAnv such contract is subiect to final aooro al by the board but such approval shall 75 pot be unreasouably withheld. The msocctor general may gonduct investitratiari5d audits, 76 mons. and make recommendations regarding collective bargaining a emCra inspector The 77 general shall conduct investigations and audits in accordance with a plicable laws rules 78 regulations. policies a d est practices. The inspecigr general shall not i terf re with collective 79 bargaining negotiations. 3 As rovi d in subsection 1 the in actor cencral can, ta uire 81 all county and municipal officials and employees, contractors, their subcontractors and lower tier 82 subcontractors. and other persons slid entities doing business with the county or a municipality 83 and/or recetvmg county or municinal funds to provide statements, administer oaths and r quire 84 the production of documents. records and other information. In the case of a refusal by an 85 ofEcW emplovee or other Demon to obey a request by the inspector general for documents or for 86 an interview, the inspector general shall have the power to subpoena witnesses, administer oaths, 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 Los 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 and require the production of �i ttyL Seventy-two (72) hours prior to serving a subpoena, the inspector general shall provide written notice to the state attorney and the U.S. Attorney for the Southern District of Florida. The inspector general shall not interfere with any ongoing criminal investigation or prosecution of the state attorney or the U.S. Attorney for the Southern District of Florida. When the state attorney or the U.S. Attorney for the Southern District of Florida has explicitly notified the inspector general in writing that the inspector general's investigation is interfering with an ongoing criminal investigation or prosecution, the inspector general shall suspend service of subpoena, examination of witnesses, or other investigative activities as set forth in the notice. 10 the case of a refusal to obey a subpoena served to any person, the inspector general may make application to any circuit court of this state which shall have jurisdiction to order the witness to appear before the inspector general and to produce evidence if so ordered, or to give testimony tauehiwg-earelcvailt to the matter in question. (6} --Where the inspector general suspects a possible violation of any state, federal, or local law, he or she shall notify the appropriate er adff4R4hm ativelaw enforcement agencies. administrator and tha head r...___� The county which tar—ytne mspector general shall have the power without limitation to audit, investigate, monitor, inspect and review the operations, activities, performance, and procurement processes including, but not limited to, @6kabliµtwAwA-a(-bid specifications, bid submittals, activities of the contractor, choir subcontractors and lower tier subcontractors.its officers, agents and employees, 3 135 lobbyists, county and municipal staff. and officials, in order to ensure compliance with contract 136 specifications and detect corruption and fraud. 137The inspector general shall have the power to receive, review and investigate any 138 complaints regarding ELY municipal or county -funded projects, programs, contracts or 139 transactions. The inspector general shall establish a "hotline" to receive complaints, from either 140 anonymous or identified persons. 141 (8)•-7]The inspector general may exercise any of the powers contained -in this article upon his or 142 her own initiative. 143 (li) c inspector general shall be notified in writing prior to any duly noticed public �+eerin 144 of a procurement selection committee where any matter relating to the procurement of goods or 145 1 services by the county or any municipality is to be discussed. The notice required by this 146 subsection shall be given to the inspector general as soon as possible atter a meeting has been 147 scheduled, ., The 148 inspector general may, at his or her discretion, attend all duly noticed county or nwnicipal 149 meetings relating 10 the procurement of goods or services as provided herein, and may pose 150 questions and raise concerns consistent with the functions, authority and powers of the inspector 151 general. h; fuilure by the county or municipality to g'Ve written notice reauir d by thissection 352 duce not constitute grounds for a Protest rcRardins auch procurement and shall not be the cause 153 for the stay of any procurement and shall not be the h is to ovenum the award ora contract 154�It is anticipated 'het rAuaiaipalitir�special districts, and other public officials and 155 entities will recognize and desire to benefit from the services of the county office of inspector 156 general. The inspector general may negotiate agreements or memoranda of understanding with 157 other public entities which would authorize the inspector general to provide independent 158 oversight of any or all of the public entity's transactions Proiecis and operationsand to exercise 159 any and all authority, functions and powers set forth in this article for the benefit of such public 160 entity. The memorandum of understanding or agreement shall include a provision for fees to be 161 paid to the inspector general from the public entity in exchange for such benefits. Such fee f£es 162 shall be based on a rate established by the inspector general to cover the cost of such benchts and 163 shall include, but not be limited to, Ipe-minimutra-one auaer of one percent of the contracts as 164 descn ribed in section -0 9121 (hereafter the "funding persentage,base'') subject to inspector 165 ecnemI review under the agreement The funding base shall be subiect to adjustment as set forth 166 in section 2-429.1. Any such agreement or memorandum of understanding is subject to final 167 approval of the board, but such approval shall not be unreasonably withheld. For the purposes of 168 the removal procedure set forth in section 2130, a "funding entity" shall mean a public entity 169 that has entered into an agreement or memorandum of understanding to receive services of the 170 inspector general, and has provided funding in exchange for such services equal to at least 171 twenty-five (25) percent of the total annual budget of the inspector general for the county's fiscal 172 year immediately preceding the fiscal year in which the removal procedure takes place. 173 1 (44}-11The inspector general's records related to active audits- investigations and reviews aze 174 confidential and exempt from disclosure. as provided by 6112.3188!21 and Chanter 119 Florida 175 Statutes;§ -132,2A88(2)._ 176 (42}-•I 1177te inspector general is considered "an appropriate local official" of the county and of 177 any municipality for purposes of whistleblower protection provided by 6112.3188111 Florida 178 Statutes, "�2.'4°g(_} _ 179 (32)-12lThe inspector general may recommend remedial actions and may provide prevention 180 and training services to county and municinal oRcials, employees, and any other persons 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 covered by this article. The inspector general may follow up to determine whether recommended remedial actions have been taken. (44)— The inspector general shall establish policies and procedures and monitor the costs of investigations undertaken. The inspector general shall cooperate with other governmental agencies to recover such costs from other entities involved in willful misconduct in regard to county or municipal funds. (46)-1 JNothing herein shall abridge employees' constitutional right to collective bargaining. misconduct and abuse. Sec. 2424. Minimum qualifications, selection and term of office. (1) Afinimmn qualifications. The inspector general shall be a person who: a. Has at least ten (10) years of experience in any one (1) or a combination of the following fields: 1. As a federal, state or local law enforcement officer/official; 2. Asa federal or state court judge; 3. As a federal, state or local government attorney with expertise in investigating fraud, mismanagement and corruption; 4. As an inspector general, certified public accountant, or internal auditor; 5. As a person with progressive supervisory and managerial experience in an investigative public agency similar to an inspector general's office; b. Has managed and completed complex investigations involving allegations of fraud, theft, deception or conspiracy; c. Has demonstrated the ability to work with local, state and federal law enforcement agencies and the judiciary; d. Hasa four-year degree from an accredited institution of higher learning; e. Has not been employed by the county, my municipality or any other governmental entity subject to the authority of the inspector general once during the two-year period immediately prior to selections, unless such employment has been with the Office of Inspector General Palm Beach County Florida. f. Highly qualified candidates will also have audit -related skills and/or hold one (1) or more of the following professional certifications at the time of selection: certified inspector general (CIG), certified inspector general investigator (CIGI), certified inspector general auditor (CIGA), certified public accountant (CPA), certified internal auditor (CIA), or certified fraud examiner (CFE). 226 (2) Selection. No official or employee of any govemmental entity subject to the authority of the 227 office of inspector general shall participate inthe-se{eHien-o(on the inspector general cummiuce. 228 Responsibility for selecting the inspector general shall be vested solely with the inspector general 229 selesiiea-committee. The 6elec;oiao soeetor eeneml committee shall be 230 comprised of the commission on ethics as established in section 2-254 et seq, of this Code, the 231 state attomey for the Fifteenth Judicial Circuit or his or her designee, and the public defender for 232the Fifteenth Judicial Circuit or his or her designee. The chairperson of the celestieRinsocctur 233 �encml committee shall be chairperson of the commission on ethics. After thoroughly reviewing 234 qualifications, background information, and personal and professional referrals, the 235 ael'a Jnsnector general committee shall notify the county attorney of its selection. The county 236 attnmey shallpromptly notify the board that a selection has been made. �Ae-ssunty-arierAey 237 hall Q9.4't 238 3 Sm m n inspector general 239 240 141 242 11SPOF ammi1tee-6f+aN 243 (3) $Zl;ffiq9 of geiagken GGMM4168r. The county human resources department shall provide 244 staff to the sel6sheainspector general committee and as necessary will advertise the acceptance 245 of resumes for the position of inspector general. All resumes received by the human resources 246 department will be forwarded to the sekwAianinsocctor general committee for consideration. The 247 human resources department shall contract with an appropriate entity to ensure that background 248 checks are conducted on the candidates selected for interview by the seloGWainsnector general 249 committee. The results of the background checks shall be provided to the selestieninsnector 250 •cam neral committee prior to the interview of candidates. Following the initial selection of the 251 inspector general, the selesEiepinsoecmr eeneml committee, for future selection processes as 252 described in subsection (2) above, may continue to employ the services of the human resources 253 department or may utilize its own staff to solicit candidates for inspector general. All 254 advertisements for the acceptance of resumes for inspector general shall include a salary range 255 commensurate with public officials of like experience and expertise. 256 (4) Term. The inspector general shall serve for a term of four (4) years. At least six (6) months 257 prior to the end of each contract term, the 6elestieninspecmr eeneml committee will determine 258 whether or not to renew the contract for an additional term of four (4) years, and shall promptly 259 notify the inspector general of its decision. In the event the selec' A inspector general committee 260 elects not to renew the contract, the selestieninsoector general committee shall promptly 261 convene as necessary to solicit candidates for and to select a new inspector general in the same 262 manner as described in subsection (2) above. The incumbent inspector general may submit his or 263 her name as a candidate to be considered for selection. The incumbent inspector general shall 264 serve until a successor is selected and assumes office. 265 (5) Vacancy. In case of a vacancy in the position of inspector general, the chairperson of the 266 6ele6tieainsocctor general committee may appoint a member of the inspector general's office as 267 interim inspector general within ten (10) days of the vacancy occurring, until such time as a 268 successor inspector general is selected and assumes office. A successor inspector general shall be 269 selected in the same manner as described in subsection (2) above, except for the following 270 specific time constraints: (a) solicitation for qualified candidates for selection should be 271 published within twenty (20) days, but no later than forty (40) days of the date the vacancy 272 1 occurs; and (b) the releeiianjnsocctor general committee must in good faith endeavor to convene 273 and select an inspector general within ninety (90) days of the date the vacancy occurs. 274 ;75 276 Sec. 2425. Contract, 277 T40 --A designee front the commission on ethics, with the assistance of the count v's 278 human resources department and the county atlwneyanomev's office shall negotiate a contract 279 of employment with the inspector general substantially consistent with the terms included in 280 contracts of other contractual employees of the county. for the purposes ,f contract nc otiations 281 such designation by the commission on ethics shall not be deemed a delegation of the 282 w0tmission on ethics derision making authority, The inspector general shall be paid at a rate 283 commensurate with public officials of like experience and expertise. Before any contract shall 284 become effective, the contract must be approved by a majority of the board present at a regularly 285 scheduled board meeting. The contract will cover the entire four-year term subject to the removal 286 provisions in section 2-430. The contract will include a provision requiring the 287 selesfieninsocctor general committee to provide notice of its decision to renew or not to renew 288 the contract at least six (6) months prior to the termination of the contract. The contract shall 289 provide that the inspector general may not represent a political parry or be on any executive 290 committee thereof, or seek public office during his or her term of service, and shall not seek 291 public office or employment with any public entity subject to the jurisdiction of the ksepeeler 292 General inspector general for four (4) years thereafter. That limitation does not include seeking 293 selection as inspector general for a subsequent tens. The contract shall ftmher provide that the 294 inspector general may not be a lobbyist, as defined in section 2.352 of this Code, for two 1.2) 295 years after term of service. 296 297 298 Sec. 2426. Physical facilities and stair. 299 (1) The county shall provide the office of inspector general with appropriately located office 300 space and sufficient physical facilities together with necessary Office wppli66, quipment and 301 furnishings to enable the inspector general to perform his or her functions. 302 (2) The inspector general shall have the power to appoint, employ, and remove such assistants, 303 employees and personnel, and establish personnel procedures as deemed necessary for the 304 efficient and effective ad 305 ministration of the activities of the office of inspector general. 306 307 Sec. 2427. Procedure for finalization of reports and recommendations which make 308 findings as to the person or entity being reviewed or inspected. 309 The inspector general shall publish and deliver finalized reports and recommendations to 310 the board or the aonrooriate municipality and to the county commission on ethics. 311 Notwithstanding any other provision of this anicle, whenever the inspector general determines 312 that it is appropriate to publish and deliver a report or recommendation which contains findings 313 as to the person or entity being reported on or who is the subject of the recommendation, the 314 inspector general shall provide the affected person or entity a copy of the findings. Such person 315 or entity. who js the subicct of a finding o eS endation r sir 316 review shall have Rom an nvu anon or �n-E�}+verkrngton 1101 calendar days to submit a written explanation Or 317 rebuttal of the findings before the report or recommendation is finalized. In the case of an audit 311 31! 32( 321 327 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 upon written request Such timely submitted written explanation or rebuttal shall be attached to the finalized report or recommendation. The requirements of this subsection shall not apply in matters subject to the State of Florida's Whistle -blower's Act, or when the inspector general, in conjunction with the state attorney or U.S. Attorney, determines that supplying the affected person or entity with such report will jeopardize a pending criminal investigation. Sea 2428. Reporting. uuCOlq n Vcar Sec. 2429. Financial support and budgeting. LLLPursuam to 46their annual budget-proeeaabudeetin¢ Processes. the county and each municinality shall provide sufficient financial support for the inspector generafaaeneral's office to fulfill its duties as set forth in this article. 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 not be f 31 The inspector general shall establish and maintain a fiscal year which coincides with 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 not til"cly received the counLy ur any municivality ill c m liance with this section may ursue any available Iceal remedy. Sec. 2429.1 Funding Base (c) Prohibit the inspector general from transmitting to the county nammis6ian supplemental budget requests vA gl;r_ No adjustment to the calculated funding base shall occur if such adjustment results in the Once of the Inspector General not being adeguately funded. (b) the amount of increases or decreases Mhudggi requests by the insotctor general in pnur years 10 455 456 457 456 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 490 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 I Soo I 501 Sec. 2-430. Removal. The inspector general may be removed only for cause based upon specified charges of the following: neglect of duty, abuse of power or authority, discrimination, or ethical misconduct. The removal process shall be initialed at a duly noticed public hearing of either the board, the selestiwinsoecior ecncral committee, or a funding entity as described in section 2423(409j. An affirmative vote of rive (5) members of the board, an affirmative vote of five (5) members of the aelesgeninsnector enneral committee, or an affirmative supermajority vote of a funding entity shall be required to present the inspector general with the charges and to proceed to final public hearings. The board, s9hK0eninspector general committee, or the initialing funding entity, as appropriate, shall transmit a copy of the charges to the inspector general at least sixty (60) days prior to all final public hearings which shall be convened by the board, all funding entities, and the eelestieninsnecior general committee. The inspector general shall have an opportunity to be heard in person and by counsel at the final public hearings prior to the votes being taken on his or her removal. The inspector general may only be removed upon the affirmative vote of five (5) members of the board, five (5) members of the fielestianinsoecior gencral committee, and a supermajorily of all funding entities. A record of the proceedings, together with the charges and findings thereon, shall be filed with the clerk to the board. The inspector general shall be removed without a public hearing in the event the inspector general is convicted of or enters a SLC. 2431 � 11 502 . Enforcement, 503 This Ordinance is enforceable by all means provided by law, including seeking injunctive 504 relief in the Fifteenth Judicial Circuit Court in and for Palm Beach County. 505 506 SaoNaR7-.PR"L-T), 2-172. Penalrv. 507 Any person who: 508 ALU retaliates against, punishes, threatens, harasses, of penalizes, or attempts to retaliate 509 against, punish, threaten, harass, or penalize any person for assisting, communicating or 510 cooperating with the Inspector General, or 511 &Ll who knowingly interferes, obstructs, impedes or attempts to interfere, obstruct or 512 impede in any investigation conducted by the Inspector General 513 shall be guilty of a violation of this Ordinance and punished, pursuant to section 125.69, Florida 514 Statutes, in the same manner as a second degree misdemeanor. Any potential violation of this 515 section shall be referred to the State Attorney for possible investigation and prosecution. 516 12 ATTACHMENT3 Brief description of substantive changes • Added Municipalities to the County Code • Added Audit and Investigative Standards • Changed the reporting section to require the county administrator and each municipal manager, or administrator, or mayor, where the mayor serves as chief executive officer, to promptly notify the inspector general of possible mismanagement of a contract (misuse or loss exceeding 55,000 in public funds), fraud, theft, bribery, or other violation of law which appears to fall within thejurisdiction of the inspector general. • Clarified jurisdiction to include subcontractors and lower tier subcontractors • Added Outreach section which includes, in part, public awareness, inclusion orthe inspector general's website to each government's web page, posting information about the oflce of inspector general in common areas, and illustrative examples of Gaud, waste, mismanagement, misconduct and abuse on the inspector general website. • Re -named the inspector general selection committee to the inspector general committee, • Changed the written explanation/response for investigations from subjecl(s) o or recommendation to from working 15 days to 10 calendfa a days; with reasonable extensions granted. ar days and audit to 20 f finding calendar • Added the requirement for the inspector general to furnish the annual report to the Palm Beach County League of Cities, Inc. • Outlined the annual report dale to be not later than December 31 of each year and required the inspector general to meet with the inspector general committee on an annual basis to review previous year's activities and plans and objectives for the upcoming year. • Outlined the funding mechanism for payment of the fee from the county and municipalities. • Added the requirement of no later than April 1 of every year, the inspector general shall deliver a preliminary budget to the Palm Beach County League of Cities, Inc., and be available to discuss the budget request prior to May I of every year. • Added that the Board of County Commission shall meet with a delegation selected by the Palm Beach County League of Cities, Inc., to discuss the budget request for each fiscal year and that the county shall endeavor to place the matter on a board agenda prior to June 15 of each year, but in no event later than June 30. • Added the ability of a municipality to file a petition for removal with the general counsel for the Office of Inspector General, based upon specified charges of neglect of duty, abuse of power or authority, discrimination, or ethical misconduct. 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